WOODSON
105
W. Rutledge
620-625-8615
Effective
Pursuant to
K.S.A. §22-2906 et seq., the
Diversion is a
privilege, not a right. There is no
presumption in favor of Diversion in any case, and the burden of persuasion
falls upon the defendant to establish that a Diversion Program will serve the
ends of justice and the interests of the community.
Following are the
minimum conditions for a defendant in regard to your eligibility to participate
in the Woodson County Diversion Program.
Meeting these conditions does not mean you will be automatically
accepted for diversion. Each case is
unique and will be reviewed on its own merits.
However, if the following conditions are not met, then your application
will be denied without further consideration.
1. The signed diversion agreement must be received back in our
office within thirty (30) days of the mailing date.
2. No late payment. The
first time a payment is received late, our office will automatically start revocation
proceedings. If you are going to be
unable to make a payment, contact your attorney or our office immediately. Personal checks are accepted.
3. It is your responsibility to keep our office informed of
address changes and/or other changes relevant to your case(s) and meet all
deadlines. No exceptions will be made.
ELIGIBILITY
Defendants
charged with misdemeanors, traffic and fish and game offenses shall be eligible
to apply for diversion. No defendant
charged with assault or battery on a law enforcement officer will be eligible
for diversion. I will not divert any
speeding tickets with a speed of 20 mph or more over the posted speed limit.
In all cases, the
decision to offer a diversion, together with any terms thereof, rests solely in
the discretion of the Woodson County Attorney and/or Assistant County
Attorney. The
PROCEDURE
The application
for Diversion shall be attached to this Diversion Program. The defendant shall complete the application
for Diversion and submit the application to the
The law
enforcement agency shall submit an evaluation concerning the Defendant’s prior
record, investigations and concerns regarding the diversion.
Upon review, the
CONSIDERATIONS
The following
factors shall be considered in determining whether diversion of the defendant
is in the best interest of justice and will be of benefit to the defendant and
to the community:
1. The
nature of the crime charged and circumstances surrounding it;
2. Any
special circumstances or characteristics of the defendant;
3. Whether
defendant is a first-time offender and if defendant has previously participated
in diversion;
4. Whether
there is a probability that defendant will cooperate with and benefit from a
diversion;
5. Whether
the available diversion program is appropriate to the needs of the defendant
and community;
6. Recommendations,
if any, of involved law enforcement agency;
7. Recommendations,
if any, of the victim;
8. Recommendations,
if any, of the alcohol/drug counselor;
9. Provisions for
restitution; and
10. Any
mitigating circumstances.
Additionally, the
1. The
arrest record of defendant;
2. The
employment record of defendant;
3. The
physical and mental condition of defendant as perceived by the
4. Public
reaction to the offense charged;
5. Education
level of defendant;
6. Family
and social history of the defendant;
7. Degree
to which defendant cooperated or failed to cooperate with law enforcement;
8. General
attitude of defendant;
9. Whether
the Woodson County Attorney’s Office possesses the necessary resources to
establish and execute an effective diversion program which would benefit the
defendant and the community; and
10. Any
other factors the
After considering
all the factors set forth, the
AGREEMENT
If the defendant
is found suitable for the Diversion Program, a written agreement for diversion
shall be offered to the defendant for acceptance or rejection. If no action is taken within thirty (30) days
after the offer to defendant or counsel for defendant, the offer will be
considered to be withdrawn.
The written
agreement shall contain:
1. A
waiver of rights to a speedy arraignment, preliminary examination, and/or
speedy trial under the Constitution of the State of
2. A
waiver of a right to jury trial and agreement to stipulate to the facts of the
case.
3. An
agreement that the defendant shall not violate any laws of the
The written
agreement may contain:
1. An
agreement for the defendant to report to the diversion program coordinator or
to any person that the
2. A
specified term of diversion.
3. In
traffic matters, an agreement by defendant to maintain owner’s or non-owner’s
liability insurance and provide verification of said insurance in effect during
the term of the diversion to the
4. Payment
of a specified fine as determined by the
5. Payment
of all Court costs: $152.00 in felony cases, $117.00 in misdemeanor cases, $30.00
in juvenile cases, and $60.00 in minor traffic cases.
6. Payment
of attorney fees for the defendant’s court appointed attorney, if one.
7. Payment
of a diversion fee by cash, money order, certified check or law firm check made
payable to the Woodson County Treasurer. This diversion fee is due prior to the
filing of any diversion agreement. All
monies from diversion fees shall be deposited in the County General Fund. The
amounts of diversion fees are as follows:
a) Minor
Traffic $50.00
b) DUI $100.00
c) Misdemeanor Offenses $100.00
d) Felony Offenses $200.00
The
8.
In
addition to the diversion fee, the CASA fee in the amount of $25.00 shall be
made payable to CASA. Like the diversion fee, the CASA fee is due prior to
filing the agreement. All monies from
CASA fees will be sent directly to CASA, 1
9. Special conditions may also
be required, including:
a) Residence in a specified facility or
location;
b) Maintenance of gainful employment;
c) Restitution to the victim;
d) Drug, Alcohol, Psychological and/or
psychiatric evaluations;
e) Satisfactory
participation in and completion of designated medical, psychological,
educational, vocational, or social counseling programs;
f) Avoidance of specific locations or
associates;
g) Moderation
or abstinence in the consumption of alcoholic beverages and/or drugs;
h) Consent
to random alcohol or drug testing at defendant’s expense;
i) Letter(s) of apology to any victim(s);
j) Suspension of driving privileges;
k) House arrest;
l) Strict school attendance;
m) Community service;
n) Any other conditions as determined by
the
o) Payment
of the KBI lab fee, if applicable, of $400.
EFFECT
Upon the
Defendant entering into an Agreement of Pre-trial Diversion, the criminal
proceeding shall be suspended by appropriate order of the court. When the defendant successfully fulfills the
terms and conditions of diversion, the
Diversion is a
privilege, not a right. Absolute
compliance will be required.
Jerry B. Hathaway