Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4415.Municipal court diversion; factors to consider; when prohibited.
(a) In determining whether diversion of a defendant is in the interests of
justice and of benefit to the defendant and the community, the city
attorney shall consider at least the following factors among all factors considered:
(1) The nature of the crime charged and the circumstances surrounding it;
(2) any special characteristics or circumstances of the defendant;
(3) whether the defendant is a first-time offender of an alcohol related
offense and if the defendant has previously participated in diversion,
according to the certification of the division of vehicles of the state
department of revenue;
(4) whether there is a probability that the defendant will cooperate
with and benefit from diversion;
(5) whether the available diversion program is appropriate to the
needs of the defendant;
(6) the impact of the diversion of the defendant upon the community;
(7) recommendations, if any, of the involved law enforcement agency;
(8) recommendations, if any, of the victim;
(9) provisions for restitution; and
(10) any mitigating circumstances.
(b) A city attorney shall not enter into a diversion agreement in lieu
of further criminal proceedings on a complaint alleging an
alcohol related offense if the defendant:
(1) Has previously participated in diversion of an alcohol related
offense;
(2) has previously been convicted of or pleaded nolo contendere to
an alcohol related offense in this state or has previously been convicted
of or pleaded nolo contendere to a violation of K.S.A. 8-1567 and
amendments thereto or of a law of another state, or of a political
subdivision thereof, which prohibits the acts prohibited by that statute; or
(3) during the time of the alleged alcohol related offense was involved
in a motor vehicle accident or collision resulting in personal injury or death.
History: L. 1982, ch. 144, § 14; L. 1985, ch. 48, § 11; L. 1986, ch.
185, § 1; July 1.
Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4415.Municipal court diversion; factors to consider; when prohibited.
(a) In determining whether diversion of a defendant is in the interests of
justice and of benefit to the defendant and the community, the city
attorney shall consider at least the following factors among all factors considered:
(1) The nature of the crime charged and the circumstances surrounding it;
(2) any special characteristics or circumstances of the defendant;
(3) whether the defendant is a first-time offender of an alcohol related
offense and if the defendant has previously participated in diversion,
according to the certification of the division of vehicles of the state
department of revenue;
(4) whether there is a probability that the defendant will cooperate
with and benefit from diversion;
(5) whether the available diversion program is appropriate to the
needs of the defendant;
(6) the impact of the diversion of the defendant upon the community;
(7) recommendations, if any, of the involved law enforcement agency;
(8) recommendations, if any, of the victim;
(9) provisions for restitution; and
(10) any mitigating circumstances.
(b) A city attorney shall not enter into a diversion agreement in lieu
of further criminal proceedings on a complaint alleging an
alcohol related offense if the defendant:
(1) Has previously participated in diversion of an alcohol related
offense;
(2) has previously been convicted of or pleaded nolo contendere to
an alcohol related offense in this state or has previously been convicted
of or pleaded nolo contendere to a violation of K.S.A. 8-1567 and
amendments thereto or of a law of another state, or of a political
subdivision thereof, which prohibits the acts prohibited by that statute; or
(3) during the time of the alleged alcohol related offense was involved
in a motor vehicle accident or collision resulting in personal injury or death.
History: L. 1982, ch. 144, § 14; L. 1985, ch. 48, § 11; L. 1986, ch.
185, § 1; July 1.
Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4415.Municipal court diversion; factors to consider; when prohibited.
(a) In determining whether diversion of a defendant is in the interests of
justice and of benefit to the defendant and the community, the city
attorney shall consider at least the following factors among all factors considered:
(1) The nature of the crime charged and the circumstances surrounding it;
(2) any special characteristics or circumstances of the defendant;
(3) whether the defendant is a first-time offender of an alcohol related
offense and if the defendant has previously participated in diversion,
according to the certification of the division of vehicles of the state
department of revenue;
(4) whether there is a probability that the defendant will cooperate
with and benefit from diversion;
(5) whether the available diversion program is appropriate to the
needs of the defendant;
(6) the impact of the diversion of the defendant upon the community;
(7) recommendations, if any, of the involved law enforcement agency;
(8) recommendations, if any, of the victim;
(9) provisions for restitution; and
(10) any mitigating circumstances.
(b) A city attorney shall not enter into a diversion agreement in lieu
of further criminal proceedings on a complaint alleging an
alcohol related offense if the defendant:
(1) Has previously participated in diversion of an alcohol related
offense;
(2) has previously been convicted of or pleaded nolo contendere to
an alcohol related offense in this state or has previously been convicted
of or pleaded nolo contendere to a violation of K.S.A. 8-1567 and
amendments thereto or of a law of another state, or of a political
subdivision thereof, which prohibits the acts prohibited by that statute; or
(3) during the time of the alleged alcohol related offense was involved
in a motor vehicle accident or collision resulting in personal injury or death.
History: L. 1982, ch. 144, § 14; L. 1985, ch. 48, § 11; L. 1986, ch.
185, § 1; July 1.
