Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4416.Same; provisions of diversion agreement; waiver of certain
rights; effect of failure to fulfill or accept agreement; duties of city
attorney and division of vehicles.
(a) A diversion agreement shall provide that if the defendant fulfills the
obligations of the program described therein, as determined
by the city attorney, the city attorney shall act to have the criminal charges
against the defendant dismissed with prejudice. The diversion agreement
shall include specifically the waiver of all rights under the law or the
constitution of Kansas or of the United States to counsel, a speedy
arraignment,
a speedy trial, and the right to trial by jury. The diversion
agreement may include, but is not limited to, provisions concerning payment
of restitution, including
court costs and diversion costs, residence in a specified facility, maintenance
of gainful employment, and participation in programs offering medical,
educational,
vocational, social and psychological services, corrective and
preventive guidance and other rehabilitative services. The diversion agreement
shall state:
(1) The defendant's full name;
(2) the defendant's full name
at the time the complaint was filed, if different from the defendant's current
name;
(3) the defendant's sex, race and date of birth;
(4) the crime with
which the defendant is charged;
(5) the date the complaint was filed; and
(6) the municipal court with which the agreement is filed.
(b) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging an alcohol related offense, the diversion
agreement shall include a stipulation, agreed to by the defendant and the
city attorney, of the facts
upon which the charge is based and
a provision that if the defendant fails to fulfill the terms of the specific
diversion agreement and the criminal proceedings on the complaint are resumed,
the proceedings, including any proceedings on appeal, shall be conducted
on the record of the stipulation of facts relating to the complaint. In
addition, the agreement shall include a requirement that the defendant:
(1) Pay a fine specified
by the agreement in an amount equal to an amount authorized by K.S.A. 8-1567, and
amendments thereto, for a first offense or, in lieu of payment of the fine,
perform community service specified by the agreement, consonant with
K.S.A. 8-1567, and amendments thereto; and
(2) enroll in and successfully complete
an alcohol and drug safety action program
or
a treatment program, or both, as provided in K.S.A. 8-1008, and amendments
thereto, and specified by the agreement, and pay the assessment
required by K.S.A. 8-1008, and amendments thereto.
(c) If the person
entering into a diversion agreement is a nonresident, the city attorney
shall transmit a copy of the diversion agreement to the division. The
division shall forward a
copy of the diversion agreement to the motor vehicle administrator
of the person's state of
residence.
(d) If the
city attorney elects to offer diversion in lieu of further
criminal proceedings on the complaint and the defendant agrees to all of
the terms of the proposed agreement, the diversion agreement shall be filed
with the municipal court and the municipal court shall stay further proceedings
on the complaint. If the defendant
declines to accept diversion, the municipal court
shall resume the criminal proceedings on the complaint.
(e) The city attorney shall forward to the division of vehicles of the
state department of revenue a copy of the diversion agreement at the time
such agreement is filed with the municipal court. The copy of the agreement
shall be made available upon request to any county, district or city attorney or court.
History: L. 1982, ch. 144, § 15;
L. 1985, ch. 48, § 12;
L. 1986, ch. 131, § 1;
L. 1988, ch. 48, § 4; L. 1988, ch. 47, § 20;
L. 1989, ch. 38, § 44;
L. 1990, ch. 77, § 1; July 1.
Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4416.Same; provisions of diversion agreement; waiver of certain
rights; effect of failure to fulfill or accept agreement; duties of city
attorney and division of vehicles.
(a) A diversion agreement shall provide that if the defendant fulfills the
obligations of the program described therein, as determined
by the city attorney, the city attorney shall act to have the criminal charges
against the defendant dismissed with prejudice. The diversion agreement
shall include specifically the waiver of all rights under the law or the
constitution of Kansas or of the United States to counsel, a speedy
arraignment,
a speedy trial, and the right to trial by jury. The diversion
agreement may include, but is not limited to, provisions concerning payment
of restitution, including
court costs and diversion costs, residence in a specified facility, maintenance
of gainful employment, and participation in programs offering medical,
educational,
vocational, social and psychological services, corrective and
preventive guidance and other rehabilitative services. The diversion agreement
shall state:
(1) The defendant's full name;
(2) the defendant's full name
at the time the complaint was filed, if different from the defendant's current
name;
(3) the defendant's sex, race and date of birth;
(4) the crime with
which the defendant is charged;
(5) the date the complaint was filed; and
(6) the municipal court with which the agreement is filed.
(b) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging an alcohol related offense, the diversion
agreement shall include a stipulation, agreed to by the defendant and the
city attorney, of the facts
upon which the charge is based and
a provision that if the defendant fails to fulfill the terms of the specific
diversion agreement and the criminal proceedings on the complaint are resumed,
the proceedings, including any proceedings on appeal, shall be conducted
on the record of the stipulation of facts relating to the complaint. In
addition, the agreement shall include a requirement that the defendant:
(1) Pay a fine specified
by the agreement in an amount equal to an amount authorized by K.S.A. 8-1567, and
amendments thereto, for a first offense or, in lieu of payment of the fine,
perform community service specified by the agreement, consonant with
K.S.A. 8-1567, and amendments thereto; and
(2) enroll in and successfully complete
an alcohol and drug safety action program
or
a treatment program, or both, as provided in K.S.A. 8-1008, and amendments
thereto, and specified by the agreement, and pay the assessment
required by K.S.A. 8-1008, and amendments thereto.
(c) If the person
entering into a diversion agreement is a nonresident, the city attorney
shall transmit a copy of the diversion agreement to the division. The
division shall forward a
copy of the diversion agreement to the motor vehicle administrator
of the person's state of
residence.
(d) If the
city attorney elects to offer diversion in lieu of further
criminal proceedings on the complaint and the defendant agrees to all of
the terms of the proposed agreement, the diversion agreement shall be filed
with the municipal court and the municipal court shall stay further proceedings
on the complaint. If the defendant
declines to accept diversion, the municipal court
shall resume the criminal proceedings on the complaint.
(e) The city attorney shall forward to the division of vehicles of the
state department of revenue a copy of the diversion agreement at the time
such agreement is filed with the municipal court. The copy of the agreement
shall be made available upon request to any county, district or city attorney or court.
History: L. 1982, ch. 144, § 15;
L. 1985, ch. 48, § 12;
L. 1986, ch. 131, § 1;
L. 1988, ch. 48, § 4; L. 1988, ch. 47, § 20;
L. 1989, ch. 38, § 44;
L. 1990, ch. 77, § 1; July 1.
Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4416.Same; provisions of diversion agreement; waiver of certain
rights; effect of failure to fulfill or accept agreement; duties of city
attorney and division of vehicles.
(a) A diversion agreement shall provide that if the defendant fulfills the
obligations of the program described therein, as determined
by the city attorney, the city attorney shall act to have the criminal charges
against the defendant dismissed with prejudice. The diversion agreement
shall include specifically the waiver of all rights under the law or the
constitution of Kansas or of the United States to counsel, a speedy
arraignment,
a speedy trial, and the right to trial by jury. The diversion
agreement may include, but is not limited to, provisions concerning payment
of restitution, including
court costs and diversion costs, residence in a specified facility, maintenance
of gainful employment, and participation in programs offering medical,
educational,
vocational, social and psychological services, corrective and
preventive guidance and other rehabilitative services. The diversion agreement
shall state:
(1) The defendant's full name;
(2) the defendant's full name
at the time the complaint was filed, if different from the defendant's current
name;
(3) the defendant's sex, race and date of birth;
(4) the crime with
which the defendant is charged;
(5) the date the complaint was filed; and
(6) the municipal court with which the agreement is filed.
(b) If a diversion agreement is entered into in lieu of further criminal
proceedings on a complaint alleging an alcohol related offense, the diversion
agreement shall include a stipulation, agreed to by the defendant and the
city attorney, of the facts
upon which the charge is based and
a provision that if the defendant fails to fulfill the terms of the specific
diversion agreement and the criminal proceedings on the complaint are resumed,
the proceedings, including any proceedings on appeal, shall be conducted
on the record of the stipulation of facts relating to the complaint. In
addition, the agreement shall include a requirement that the defendant:
(1) Pay a fine specified
by the agreement in an amount equal to an amount authorized by K.S.A. 8-1567, and
amendments thereto, for a first offense or, in lieu of payment of the fine,
perform community service specified by the agreement, consonant with
K.S.A. 8-1567, and amendments thereto; and
(2) enroll in and successfully complete
an alcohol and drug safety action program
or
a treatment program, or both, as provided in K.S.A. 8-1008, and amendments
thereto, and specified by the agreement, and pay the assessment
required by K.S.A. 8-1008, and amendments thereto.
(c) If the person
entering into a diversion agreement is a nonresident, the city attorney
shall transmit a copy of the diversion agreement to the division. The
division shall forward a
copy of the diversion agreement to the motor vehicle administrator
of the person's state of
residence.
(d) If the
city attorney elects to offer diversion in lieu of further
criminal proceedings on the complaint and the defendant agrees to all of
the terms of the proposed agreement, the diversion agreement shall be filed
with the municipal court and the municipal court shall stay further proceedings
on the complaint. If the defendant
declines to accept diversion, the municipal court
shall resume the criminal proceedings on the complaint.
(e) The city attorney shall forward to the division of vehicles of the
state department of revenue a copy of the diversion agreement at the time
such agreement is filed with the municipal court. The copy of the agreement
shall be made available upon request to any county, district or city attorney or court.
History: L. 1982, ch. 144, § 15;
L. 1985, ch. 48, § 12;
L. 1986, ch. 131, § 1;
L. 1988, ch. 48, § 4; L. 1988, ch. 47, § 20;
L. 1989, ch. 38, § 44;
L. 1990, ch. 77, § 1; July 1.