22-2909.Diversion agreements; provisions; waiver of certain rights;stipulation of facts; stay of criminal proceedings; filing of agreements;alcohol and drug-related offenses, evaluation required, when.(a) A diversion agreement shall provide that if the defendant fulfills theobligations of the program described therein, as determined by the attorneygeneral or county or district attorney, such attorney shall act to havethe criminal charges against the defendant dismissed with prejudice. Thediversion agreement shall include specifically the waiver of all rightsunder the law or the constitution of Kansas or of the United States to aspeedy arraignment, preliminary examinationsand hearings, and a speedy trial, and in the case of diversion under subsection(c) waiver of the rights to counsel and trial by jury. Thediversion agreement may include,but is not limited to, provisions concerning payment of restitution, includingcourt costs and diversion costs, residence in a specified facility, maintenanceof gainful employment, and participation in programs offering medical,educational,vocational, social and psychological services, corrective and preventiveguidance and other rehabilitative services.If a county creates a local fund under the property crime restitutionand compensation act, a county or district attorney mayrequire in all diversion agreements as a condition of diversion the paymentof a diversion fee in an amount not to exceed $100. Such fees shall bedeposited into the local fund and disbursed pursuant to recommendations of thelocal board under the property crime restitution and victims compensation act.
(b) 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 differentfrom the defendant's current name; (3) the defendant's sex, race and dateof birth; (4) the crime with which the defendant is charged; (5) the datethe complaint was filed; and (6) the district court with which the agreement isfiled.
(c) If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging a violation of K.S.A. 8-1567, andamendments thereto, the diversion agreement shall include a stipulation, agreedto by the defendant, the defendant's attorney if the defendant is representedby an attorneyand the attorney general or county or district attorney, of the facts uponwhich the charge is based and a provision that if the defendant fails tofulfill the terms of the specific diversion agreement and the criminalproceedings on the complaint are resumed, the proceedings, including anyproceedings on appeal, shall be conducted on the record of the stipulationof facts relating to the complaint. In addition, the agreement shall includea requirement that the defendant:
(1) Pay a fine specified by theagreement in an amount equal to an amount authorized by K.S.A. 8-1567, andamendments thereto,for a first offense or, in lieu of payment of the fine, perform communityservice specified by the agreement, in accordance with K.S.A. 8-1567, andamendments thereto; and
(2) enroll in and successfully complete an alcohol and drug safety actionprogram or a treatment program, or both, as providedin K.S.A. 8-1008, and amendments thereto, and specifiedby the agreement, and pay the assessment required by K.S.A. 8-1008, andamendments thereto.
(d) If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging a violation other than K.S.A. 8-1567 andamendments thereto, the diversion agreement may include a stipulation, agreedto by the defendant, the defendant'sattorney if the defendant is represented by an attorneyand the attorney general or county or district attorney, of the facts uponwhich the charge is based and a provision that if the defendant fails tofulfill the terms of the specific diversion agreement and the criminalproceedings on the complaint are resumed, the proceedings, including anyproceedings on appeal, shall be conducted on the record of the stipulation offacts relating to the complaint.
(e) If the person entering into a diversion agreement is a nonresident, theattorney general or county or district attorney shall transmit a copy of thediversion agreement to the division. The division shall forward a copy of thediversion agreement to the motor vehicle administrator of the person's state ofresidence.
(f) If the attorney general or county or district attorneyelects to offer diversionin lieu of further criminal proceedings on the complaint and the defendantagrees to all of the terms of the proposed agreement, the diversion agreementshall be filed with the district court and the district court shall stayfurther proceedings on the complaint. If the defendantdeclines to accept diversion, the district court shall resume the criminalproceedings on the complaint.
(g) Except as provided in subsection (h), if adiversion agreement isentered into in lieu of further criminal proceedings alleging commission ofa misdemeanor by the defendant, while under 21 years of age, underK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto,orK.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and amendmentsthereto, the agreementshall require the defendant to submit to and complete an alcohol and drugevaluation by a community-based alcohol and drug safety action programcertified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay afee not to exceed the fee established by that statute for such evaluation.If the attorney general or county or district attorney finds that thedefendant is indigent, the fee may be waived.
(h) If the defendant is 18 or more years of age but less than 21 yearsof age and allegedly committed a violation of K.S.A. 41-727, and amendmentsthereto, involving cereal malt beverage, the provisions of subsection(g) are permissive and not mandatory.
(i) Except diversion agreements reported under subsection (j), theattorney general or county or district attorney shall forward to the Kansasbureau ofinvestigation a copy of the diversion agreement at the time such agreementis filed with the district court. The copy of the agreement shall be madeavailable upon request to the attorney general or any county, district orcity attorney or court.
(j) At the time of filing the diversion agreement with the districtcourt, the attorney general or county ordistrict attorney shall forward to the division of vehicles of the statedepartment of revenue a copy of any diversion agreement entered into inlieu of further criminal proceedings on a complaint alleging a violation ofK.S.A. 8-1567, and amendments thereto. The copy of the agreement shall bemade available upon request to the attorney general or any county, districtor city attorney or court.
22-2909.Diversion agreements; provisions; waiver of certain rights;stipulation of facts; stay of criminal proceedings; filing of agreements;alcohol and drug-related offenses, evaluation required, when.(a) A diversion agreement shall provide that if the defendant fulfills theobligations of the program described therein, as determined by the attorneygeneral or county or district attorney, such attorney shall act to havethe criminal charges against the defendant dismissed with prejudice. Thediversion agreement shall include specifically the waiver of all rightsunder the law or the constitution of Kansas or of the United States to aspeedy arraignment, preliminary examinationsand hearings, and a speedy trial, and in the case of diversion under subsection(c) waiver of the rights to counsel and trial by jury. Thediversion agreement may include,but is not limited to, provisions concerning payment of restitution, includingcourt costs and diversion costs, residence in a specified facility, maintenanceof gainful employment, and participation in programs offering medical,educational,vocational, social and psychological services, corrective and preventiveguidance and other rehabilitative services.If a county creates a local fund under the property crime restitutionand compensation act, a county or district attorney mayrequire in all diversion agreements as a condition of diversion the paymentof a diversion fee in an amount not to exceed $100. Such fees shall bedeposited into the local fund and disbursed pursuant to recommendations of thelocal board under the property crime restitution and victims compensation act.
(b) 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 differentfrom the defendant's current name; (3) the defendant's sex, race and dateof birth; (4) the crime with which the defendant is charged; (5) the datethe complaint was filed; and (6) the district court with which the agreement isfiled.
(c) If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging a violation of K.S.A. 8-1567, andamendments thereto, the diversion agreement shall include a stipulation, agreedto by the defendant, the defendant's attorney if the defendant is representedby an attorneyand the attorney general or county or district attorney, of the facts uponwhich the charge is based and a provision that if the defendant fails tofulfill the terms of the specific diversion agreement and the criminalproceedings on the complaint are resumed, the proceedings, including anyproceedings on appeal, shall be conducted on the record of the stipulationof facts relating to the complaint. In addition, the agreement shall includea requirement that the defendant:
(1) Pay a fine specified by theagreement in an amount equal to an amount authorized by K.S.A. 8-1567, andamendments thereto,for a first offense or, in lieu of payment of the fine, perform communityservice specified by the agreement, in accordance with K.S.A. 8-1567, andamendments thereto; and
(2) enroll in and successfully complete an alcohol and drug safety actionprogram or a treatment program, or both, as providedin K.S.A. 8-1008, and amendments thereto, and specifiedby the agreement, and pay the assessment required by K.S.A. 8-1008, andamendments thereto.
(d) If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging a violation other than K.S.A. 8-1567 andamendments thereto, the diversion agreement may include a stipulation, agreedto by the defendant, the defendant'sattorney if the defendant is represented by an attorneyand the attorney general or county or district attorney, of the facts uponwhich the charge is based and a provision that if the defendant fails tofulfill the terms of the specific diversion agreement and the criminalproceedings on the complaint are resumed, the proceedings, including anyproceedings on appeal, shall be conducted on the record of the stipulation offacts relating to the complaint.
(e) If the person entering into a diversion agreement is a nonresident, theattorney general or county or district attorney shall transmit a copy of thediversion agreement to the division. The division shall forward a copy of thediversion agreement to the motor vehicle administrator of the person's state ofresidence.
(f) If the attorney general or county or district attorneyelects to offer diversionin lieu of further criminal proceedings on the complaint and the defendantagrees to all of the terms of the proposed agreement, the diversion agreementshall be filed with the district court and the district court shall stayfurther proceedings on the complaint. If the defendantdeclines to accept diversion, the district court shall resume the criminalproceedings on the complaint.
(g) Except as provided in subsection (h), if adiversion agreement isentered into in lieu of further criminal proceedings alleging commission ofa misdemeanor by the defendant, while under 21 years of age, underK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto,orK.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and amendmentsthereto, the agreementshall require the defendant to submit to and complete an alcohol and drugevaluation by a community-based alcohol and drug safety action programcertified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay afee not to exceed the fee established by that statute for such evaluation.If the attorney general or county or district attorney finds that thedefendant is indigent, the fee may be waived.
(h) If the defendant is 18 or more years of age but less than 21 yearsof age and allegedly committed a violation of K.S.A. 41-727, and amendmentsthereto, involving cereal malt beverage, the provisions of subsection(g) are permissive and not mandatory.
(i) Except diversion agreements reported under subsection (j), theattorney general or county or district attorney shall forward to the Kansasbureau ofinvestigation a copy of the diversion agreement at the time such agreementis filed with the district court. The copy of the agreement shall be madeavailable upon request to the attorney general or any county, district orcity attorney or court.
(j) At the time of filing the diversion agreement with the districtcourt, the attorney general or county ordistrict attorney shall forward to the division of vehicles of the statedepartment of revenue a copy of any diversion agreement entered into inlieu of further criminal proceedings on a complaint alleging a violation ofK.S.A. 8-1567, and amendments thereto. The copy of the agreement shall bemade available upon request to the attorney general or any county, districtor city attorney or court.
22-2909.Diversion agreements; provisions; waiver of certain rights;stipulation of facts; stay of criminal proceedings; filing of agreements;alcohol and drug-related offenses, evaluation required, when.(a) A diversion agreement shall provide that if the defendant fulfills theobligations of the program described therein, as determined by the attorneygeneral or county or district attorney, such attorney shall act to havethe criminal charges against the defendant dismissed with prejudice. Thediversion agreement shall include specifically the waiver of all rightsunder the law or the constitution of Kansas or of the United States to aspeedy arraignment, preliminary examinationsand hearings, and a speedy trial, and in the case of diversion under subsection(c) waiver of the rights to counsel and trial by jury. Thediversion agreement may include,but is not limited to, provisions concerning payment of restitution, includingcourt costs and diversion costs, residence in a specified facility, maintenanceof gainful employment, and participation in programs offering medical,educational,vocational, social and psychological services, corrective and preventiveguidance and other rehabilitative services.If a county creates a local fund under the property crime restitutionand compensation act, a county or district attorney mayrequire in all diversion agreements as a condition of diversion the paymentof a diversion fee in an amount not to exceed $100. Such fees shall bedeposited into the local fund and disbursed pursuant to recommendations of thelocal board under the property crime restitution and victims compensation act.
(b) 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 differentfrom the defendant's current name; (3) the defendant's sex, race and dateof birth; (4) the crime with which the defendant is charged; (5) the datethe complaint was filed; and (6) the district court with which the agreement isfiled.
(c) If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging a violation of K.S.A. 8-1567, andamendments thereto, the diversion agreement shall include a stipulation, agreedto by the defendant, the defendant's attorney if the defendant is representedby an attorneyand the attorney general or county or district attorney, of the facts uponwhich the charge is based and a provision that if the defendant fails tofulfill the terms of the specific diversion agreement and the criminalproceedings on the complaint are resumed, the proceedings, including anyproceedings on appeal, shall be conducted on the record of the stipulationof facts relating to the complaint. In addition, the agreement shall includea requirement that the defendant:
(1) Pay a fine specified by theagreement in an amount equal to an amount authorized by K.S.A. 8-1567, andamendments thereto,for a first offense or, in lieu of payment of the fine, perform communityservice specified by the agreement, in accordance with K.S.A. 8-1567, andamendments thereto; and
(2) enroll in and successfully complete an alcohol and drug safety actionprogram or a treatment program, or both, as providedin K.S.A. 8-1008, and amendments thereto, and specifiedby the agreement, and pay the assessment required by K.S.A. 8-1008, andamendments thereto.
(d) If a diversion agreement is entered into in lieu of further criminalproceedings on a complaint alleging a violation other than K.S.A. 8-1567 andamendments thereto, the diversion agreement may include a stipulation, agreedto by the defendant, the defendant'sattorney if the defendant is represented by an attorneyand the attorney general or county or district attorney, of the facts uponwhich the charge is based and a provision that if the defendant fails tofulfill the terms of the specific diversion agreement and the criminalproceedings on the complaint are resumed, the proceedings, including anyproceedings on appeal, shall be conducted on the record of the stipulation offacts relating to the complaint.
(e) If the person entering into a diversion agreement is a nonresident, theattorney general or county or district attorney shall transmit a copy of thediversion agreement to the division. The division shall forward a copy of thediversion agreement to the motor vehicle administrator of the person's state ofresidence.
(f) If the attorney general or county or district attorneyelects to offer diversionin lieu of further criminal proceedings on the complaint and the defendantagrees to all of the terms of the proposed agreement, the diversion agreementshall be filed with the district court and the district court shall stayfurther proceedings on the complaint. If the defendantdeclines to accept diversion, the district court shall resume the criminalproceedings on the complaint.
(g) Except as provided in subsection (h), if adiversion agreement isentered into in lieu of further criminal proceedings alleging commission ofa misdemeanor by the defendant, while under 21 years of age, underK.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendments thereto,orK.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and amendmentsthereto, the agreementshall require the defendant to submit to and complete an alcohol and drugevaluation by a community-based alcohol and drug safety action programcertified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay afee not to exceed the fee established by that statute for such evaluation.If the attorney general or county or district attorney finds that thedefendant is indigent, the fee may be waived.
(h) If the defendant is 18 or more years of age but less than 21 yearsof age and allegedly committed a violation of K.S.A. 41-727, and amendmentsthereto, involving cereal malt beverage, the provisions of subsection(g) are permissive and not mandatory.
(i) Except diversion agreements reported under subsection (j), theattorney general or county or district attorney shall forward to the Kansasbureau ofinvestigation a copy of the diversion agreement at the time such agreementis filed with the district court. The copy of the agreement shall be madeavailable upon request to the attorney general or any county, district orcity attorney or court.
(j) At the time of filing the diversion agreement with the districtcourt, the attorney general or county ordistrict attorney shall forward to the division of vehicles of the statedepartment of revenue a copy of any diversion agreement entered into inlieu of further criminal proceedings on a complaint alleging a violation ofK.S.A. 8-1567, and amendments thereto. The copy of the agreement shall bemade available upon request to the attorney general or any county, districtor city attorney or court.
