Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4419.Defendants under 21 years, drug and alcohol
evaluations.
(a) Except as provided in subsection (b), if a diversion
agreement between a city attorney and a
defendant is entered into in lieu of further criminal proceedings alleging
a violation by the defendant, while under 21 years of age, of an ordinance
prohibiting an act prohibited by K.S.A. 2009 Supp. 21-36a01 through 21-36a17,
and amendments
thereto, or K.S.A. 41-719, 41-727, 41-804,
41-2719 or 41-2720,
and amendments thereto, the
agreement
shall require the defendant to submit to and complete an alcohol and drug
evaluation by a community-based alcohol and drug safety action program
certified pursuant to K.S.A. 8-1008, and amendments thereto, and
to pay a fee
not to exceed the
fee established by that statute for such evaluation. If the city attorney
finds that the defendant is indigent, the fee may be waived.
(b) If the defendant is 18 or
more years of age but less than 21 years of age and allegedly committed a
violation of K.S.A. 41-727, and amendments thereto, involving cereal malt
beverage, the provisions of subsection (a) are permissive and not mandatory.
History: L. 1989, ch. 95, § 2;
L. 2009, ch. 32, § 21; July 1.
Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4419.Defendants under 21 years, drug and alcohol
evaluations.
(a) Except as provided in subsection (b), if a diversion
agreement between a city attorney and a
defendant is entered into in lieu of further criminal proceedings alleging
a violation by the defendant, while under 21 years of age, of an ordinance
prohibiting an act prohibited by K.S.A. 2009 Supp. 21-36a01 through 21-36a17,
and amendments
thereto, or K.S.A. 41-719, 41-727, 41-804,
41-2719 or 41-2720,
and amendments thereto, the
agreement
shall require the defendant to submit to and complete an alcohol and drug
evaluation by a community-based alcohol and drug safety action program
certified pursuant to K.S.A. 8-1008, and amendments thereto, and
to pay a fee
not to exceed the
fee established by that statute for such evaluation. If the city attorney
finds that the defendant is indigent, the fee may be waived.
(b) If the defendant is 18 or
more years of age but less than 21 years of age and allegedly committed a
violation of K.S.A. 41-727, and amendments thereto, involving cereal malt
beverage, the provisions of subsection (a) are permissive and not mandatory.
History: L. 1989, ch. 95, § 2;
L. 2009, ch. 32, § 21; July 1.
Article 44.--CODE FOR MUNICIPAL COURTS; PROCEEDINGS AFTER ARREST AND PRIOR TO TRIAL
12-4419.Defendants under 21 years, drug and alcohol
evaluations.
(a) Except as provided in subsection (b), if a diversion
agreement between a city attorney and a
defendant is entered into in lieu of further criminal proceedings alleging
a violation by the defendant, while under 21 years of age, of an ordinance
prohibiting an act prohibited by K.S.A. 2009 Supp. 21-36a01 through 21-36a17,
and amendments
thereto, or K.S.A. 41-719, 41-727, 41-804,
41-2719 or 41-2720,
and amendments thereto, the
agreement
shall require the defendant to submit to and complete an alcohol and drug
evaluation by a community-based alcohol and drug safety action program
certified pursuant to K.S.A. 8-1008, and amendments thereto, and
to pay a fee
not to exceed the
fee established by that statute for such evaluation. If the city attorney
finds that the defendant is indigent, the fee may be waived.
(b) If the defendant is 18 or
more years of age but less than 21 years of age and allegedly committed a
violation of K.S.A. 41-727, and amendments thereto, involving cereal malt
beverage, the provisions of subsection (a) are permissive and not mandatory.
History: L. 1989, ch. 95, § 2;
L. 2009, ch. 32, § 21; July 1.
