KANSAS STATUTES AND CODES

22-2907. Diversion agreements authorized; policies and guidelines by district attorney; background information; right to counsel.

22-2907

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 29.--PROCEDURE AFTER ARREST

22-2907. Diversion agreements authorized; policies and guidelinesby district attorney; background information; right to counsel.(1) After a complaint has been filed charging a defendant withcommission of a crime and prior to conviction thereof, and after thedistrict attorney has considered the factors listed in K.S.A. 22-2908, ifit appears to the district attorney that diversion of thedefendant would be in the interests of justice and of benefit to thedefendant and the community, the district attorney may propose adiversion agreement to the defendant. The terms of each diversionagreement shall be established by the district attorney in accordancewith K.S.A. 22-2909.

(2) Each district attorney shall adopt written policies andguidelines for the implementation of a diversion program in accordancewith this act. Such policies and guidelines shall provide for adiversion conference and other procedures in those cases where thedistrict attorney elects to offer diversion in lieu of further criminalproceedings on the complaint.

(3) Each defendant shall be informed in writing of the diversionprogram and the policies and guidelines adopted by the districtattorney. The district attorney may require any defendant requestingdiversion to provide information regarding prior criminal charges,education, work experience and training, family, residence in thecommunity, medical history, including any psychiatric or psychologicaltreatment or counseling, and other information relating to the diversionprogram. In all cases, the defendant shall be present and shall have theright to be represented by counsel at the diversion conference with thedistrict attorney.

History: L. 1978, ch. 131, § 2; July 1.