Printable Format12-4413. Municipal court diversion; definitions. As used in K.S.A. 8-1009 and 12-4413 through 12-4418, and amendments thereto:
(a) "City attorney" means a city attorney of a city of this state.
(b) "Complaint" means complaint, citation or notice to appear in a municipal court.
(c) "Diversion" means referral of a defendant in a criminal case charging an alcohol related offense to a supervised performance program prior to adjudication.
(d) "Diversion agreement" means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against such person dismissed.
(e) "Alcohol related offense" means violation of an ordinance of a city of this state that prohibits the acts prohibited by K.S.A. 8-1567, and amendments thereto, or violation of such statute.
History: L. 1982, ch. 144, § 12; L. 2012, ch. 172, § 22; L. 2018, ch. 106, § 16; July 1.
Cross References to Related Sections:
District court diversion, see 22-2906 et seq.
Attorney General's Opinions:
Driving under influence of alcohol; fines, diversion programs, community service time. 82-157.
Municipal courts; diversion agreements; DUI defendants. 83-181.
Provisions of diversion agreements; open public records. 94-7.
CASE ANNOTATIONS
1. Section, being integral part of whole subject of act (L. 1982, ch. 144), not violative of Kansas Constitution, Article 2, § 16. State v. Reves, 233 Kan. 972, 976, 980, 666 P.2d 1190 (1983).
2. Municipal court judge may not require defendant to spend time in jail as condition of diversion. Petty v. City of El Dorado, 270 Kan. 847, 19 P.3d 167 (2001).