22-2908.Grant of diversion; factors to consider;when prohibited.(a) In determining whether diversion of a defendant is in theinterests ofjustice and of benefit to the defendant and the community, the county ordistrict attorney shall consider at least the following factors among allfactors considered:
(1) The nature of the crime charged and the circumstancessurrounding it;
(2) any special characteristics or circumstances of thedefendant;
(3) whether the defendant is a first-time offender and if thedefendant has previously participated in diversion, according to thecertification of the Kansas bureau of investigation or the division of vehiclesof the department of revenue;
(4) whether there is a probability that the defendant willcooperatewith and benefit from diversion;
(5) whether the available diversion program is appropriate totheneeds of the defendant;
(6) the impact of the diversion of the defendant upon thecommunity;
(7) recommendations, if any, of the involved law enforcementagency;
(8) recommendations, if any, of the victim;
(9) provisions for restitution; and
(10) any mitigating circumstances.
(b) A county or district attorney shall not enter into adiversion agreementin lieu of further criminal proceedings on a complaint if:
(1) The complaint alleges a violation of K.S.A. 8-1567 andamendmentsthereto and the defendant: (A) Has previously participated indiversion upon a complaint alleging a violation of that statute or anordinance of a city in this state which prohibits the acts prohibited bythat statute; (B) has previously been convicted of or pleadednolocontendere to a violation of that statute or a violation of a law ofanother state or of a political subdivision of this or any other state,which law prohibits the acts prohibited by that statute; or (C)duringthe time of the alleged violation was involved in a motor vehicle accidentor collision resulting in personal injury or death; or
(2) the complaint alleges that the defendant committed a class Aor B felonyor for crimes committed on or after July 1, 1993, an off-grid crime, aseverity level 1, 2 or 3felony for nondrug crimes or drug severity level 1 or 2 felony for drugcrimes.
(c) A county or district attorney may enter into a diversion agreement inlieuof further criminal proceedings on a complaint for violations of article 10 ofchapter 32 of the Kansas Statutes Annotated, and amendments thereto, if suchdiversion carries the same penalties as the conviction for the correspondingviolations. If the defendant has previously participated in one or morediversions for violations of article 10 of chapter 32 of the Kansas StatutesAnnotated, and amendments thereto, then each subsequent diversion shall carrythe same penalties as the conviction for the corresponding violations.
22-2908.Grant of diversion; factors to consider;when prohibited.(a) In determining whether diversion of a defendant is in theinterests ofjustice and of benefit to the defendant and the community, the county ordistrict attorney shall consider at least the following factors among allfactors considered:
(1) The nature of the crime charged and the circumstancessurrounding it;
(2) any special characteristics or circumstances of thedefendant;
(3) whether the defendant is a first-time offender and if thedefendant has previously participated in diversion, according to thecertification of the Kansas bureau of investigation or the division of vehiclesof the department of revenue;
(4) whether there is a probability that the defendant willcooperatewith and benefit from diversion;
(5) whether the available diversion program is appropriate totheneeds of the defendant;
(6) the impact of the diversion of the defendant upon thecommunity;
(7) recommendations, if any, of the involved law enforcementagency;
(8) recommendations, if any, of the victim;
(9) provisions for restitution; and
(10) any mitigating circumstances.
(b) A county or district attorney shall not enter into adiversion agreementin lieu of further criminal proceedings on a complaint if:
(1) The complaint alleges a violation of K.S.A. 8-1567 andamendmentsthereto and the defendant: (A) Has previously participated indiversion upon a complaint alleging a violation of that statute or anordinance of a city in this state which prohibits the acts prohibited bythat statute; (B) has previously been convicted of or pleadednolocontendere to a violation of that statute or a violation of a law ofanother state or of a political subdivision of this or any other state,which law prohibits the acts prohibited by that statute; or (C)duringthe time of the alleged violation was involved in a motor vehicle accidentor collision resulting in personal injury or death; or
(2) the complaint alleges that the defendant committed a class Aor B felonyor for crimes committed on or after July 1, 1993, an off-grid crime, aseverity level 1, 2 or 3felony for nondrug crimes or drug severity level 1 or 2 felony for drugcrimes.
(c) A county or district attorney may enter into a diversion agreement inlieuof further criminal proceedings on a complaint for violations of article 10 ofchapter 32 of the Kansas Statutes Annotated, and amendments thereto, if suchdiversion carries the same penalties as the conviction for the correspondingviolations. If the defendant has previously participated in one or morediversions for violations of article 10 of chapter 32 of the Kansas StatutesAnnotated, and amendments thereto, then each subsequent diversion shall carrythe same penalties as the conviction for the corresponding violations.
22-2908.Grant of diversion; factors to consider;when prohibited.(a) In determining whether diversion of a defendant is in theinterests ofjustice and of benefit to the defendant and the community, the county ordistrict attorney shall consider at least the following factors among allfactors considered:
(1) The nature of the crime charged and the circumstancessurrounding it;
(2) any special characteristics or circumstances of thedefendant;
(3) whether the defendant is a first-time offender and if thedefendant has previously participated in diversion, according to thecertification of the Kansas bureau of investigation or the division of vehiclesof the department of revenue;
(4) whether there is a probability that the defendant willcooperatewith and benefit from diversion;
(5) whether the available diversion program is appropriate totheneeds of the defendant;
(6) the impact of the diversion of the defendant upon thecommunity;
(7) recommendations, if any, of the involved law enforcementagency;
(8) recommendations, if any, of the victim;
(9) provisions for restitution; and
(10) any mitigating circumstances.
(b) A county or district attorney shall not enter into adiversion agreementin lieu of further criminal proceedings on a complaint if:
(1) The complaint alleges a violation of K.S.A. 8-1567 andamendmentsthereto and the defendant: (A) Has previously participated indiversion upon a complaint alleging a violation of that statute or anordinance of a city in this state which prohibits the acts prohibited bythat statute; (B) has previously been convicted of or pleadednolocontendere to a violation of that statute or a violation of a law ofanother state or of a political subdivision of this or any other state,which law prohibits the acts prohibited by that statute; or (C)duringthe time of the alleged violation was involved in a motor vehicle accidentor collision resulting in personal injury or death; or
(2) the complaint alleges that the defendant committed a class Aor B felonyor for crimes committed on or after July 1, 1993, an off-grid crime, aseverity level 1, 2 or 3felony for nondrug crimes or drug severity level 1 or 2 felony for drugcrimes.
(c) A county or district attorney may enter into a diversion agreement inlieuof further criminal proceedings on a complaint for violations of article 10 ofchapter 32 of the Kansas Statutes Annotated, and amendments thereto, if suchdiversion carries the same penalties as the conviction for the correspondingviolations. If the defendant has previously participated in one or morediversions for violations of article 10 of chapter 32 of the Kansas StatutesAnnotated, and amendments thereto, then each subsequent diversion shall carrythe same penalties as the conviction for the corresponding violations.
