Printable Format22-2906. Definitions. As used in K.S.A. 22-2907 through 22-2911, and amendments thereto:
(a) "District attorney" means district attorney, county attorney or attorney general.
(b) "Complaint" means complaint, indictment or information.
(c) "Diversion" means referral of a defendant in a criminal case 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 him or her dismissed.
History: L. 1978, ch. 131, § 1; L. 2019, ch. 59, § 3; July 1.
Cross References to Related Sections:
Municipal court diversion, see 12-4412 et seq.
Law Review and Bar Journal References:
"Kansas Diversion: Will Courts Become More Involved?" Michael Kaye, 56 J.K.B.A., No. 1, 8 (1986).
Attorney General's Opinions:
County "pay and dismiss" policies for speeding violations are diversion and payments are fees; disposition of fees. 97-34.
Traffic speeding infractions; county diversion program; procedures; fees in excess of actual costs and/or donations to charity. 97-70.
CASE ANNOTATIONS
1. Defendant has no right to be granted diversion; prosecutor's decision to exclude drug offenders from diversion held reasonable; no equal protection or due process violation. State v. Greenlee, 228 Kan. 712, 714, 620 P.2d 1132.
2. Cited; entering into diversion agreement in lieu of criminal proceedings considered conviction for DUI sentence enhancement (K.S.A. 8-1567(i)). State v. Booze, 238 Kan. 551, 555, 558, 712 P.2d 1253 (1986).
3. Diversion agreements not prohibited from including clause providing for trial on stipulated facts in felony cases where agreement breached. In re Habeas Corpus Application of Tolle, 18 Kan. App. 2d 491, 498, 856 P.2d 944 (1993).
4. Whether codefendant placed on diversion is "similarly situated" with convicted codefendant for sentence disparity comparison examined. State v. Emerson, 20 Kan. App. 2d 40, 42, 882 P.2d 1009 (1994).
5. DUI defendant did not disaffirm prior diversion agreement and thus diversion agreement could be counted as a prior offense. State v. Bishop, 44 Kan. App. 2d 739, 240 P.3d 614 (2010).