Policy No. 1.100
1.101. Adoption of Program. In accordance with K.S.A. 22-2906 et. seq., the Saline County Attorney’s Office hereby adopts a pre-trial diversion program for those accused of committing a crime.
1.102. Factors to be Considered. The Saline County Attorney’s Office shall consider those factors enumerated in K.S.A. 22-2908 (1) in determining if diversion is appropriate.
1. the nature of the crime charged and circumstances surrounding it;
2. any special characteristics or circumstances of the defendant;
3. whether the defendant is a first-time offender and if the defendant has previously participated in diversion, according to the certification of the Kansas bureau of investigation or the division of vehicles of the department of revenue;
4. whether there is a probability that the defendant will cooperate with and benefit from diversion;
5. whether the available diversion program is appropriate to the needs of the defendant;
6. whether there is a probability that the defendant committed such crime as a result of an injury, including major depressive disorder, poly-trauma, post-traumatic stress disorder or traumatic brain injury, connected to service in a combat zone, as defined in section 112 of the federal internal revenue code of 1986, in the armed forces of the United States of America;
7. of subsection (a)(6) applies to the defendant, whether there is a probability that the defendant will cooperate with and benefit from inpatient or outpatient treatment from any treatment facility or program operated by the United States department of defense, the United States Department of Veterans Affairs or the Kansas National Guard with the consent of the defendant, as a condition of diversion;
8. the impact of the diversion of the defendant upon the community;
9. recommendations, if any, of the involved law enforcement agency;
10. recommendations, if any, of the victim;
11. provisions for restitution; and
12. any mitigating circumstances.
1.103. Disqualifying Factors. The Saline County Attorney’s Office will not grant diversion if the accused:
- is charged with a level I or level II felony;
- is charged with a violation of the Uniform Controlled Substances Act, K.S.A. 65-4101 et.seq.; paraphernalia charges are excluded;
- is charged with a traffic infraction;
- has previously been in a diversion program, or has prior criminal history;
- is charged with a worthless check offense;
- is charged with non-support of a child;
- is charged with any sex crime;
- is charged with Interference with Law Enforcement or if the accused, in any way, hindered the investigation;
- is charged with Battery of a Law Enforcement Officer;
- is charged with violation of a Protection from Abuse Order;
- is charged with an Article 34 or 35 crime (crimes against persons, excluding Domestic Violence Battery), any crime in which a firearm is used, or an attempt to commit any of those crimes;
- is charged with residential burglary;
- is charged with a criminal complaint with more than five (5) consecutive counts/victims, regardless of what the charges are;
- is unable to pay restitution in monthly installments within the first six months of the diversionary period;
- is unable to secure the approval of the involved law enforcement agency;
- is unable to secure the approval of the victim;
- is unable to pay court costs and application fees before diversion is filed;
- is charged with driving under the influence of alcohol/drugs (DUI) and
- has previously been convicted of DUI or been diverted, regardless of when the conviction or diversion occurred;
- refused a blood alcohol test or drug screen on the current charge;
- has a blood alcohol content of .15% or more on the current charge;
- was involved in an accident resulting in death or personal injury.
1.104. Application Procedure. The accused seeking diversion shall apply on a Diversion Application available at the Saline County Attorney’s Office, or on the Saline County website. Application must be made, and the appropriate fees paid, prior to the preliminary hearing.
1.105. Continuances. If diversion is being considered, it will be the defendant’s responsibility to obtain a continuance of the case.
1.106. Diversion Agreement and Stay Order. The agreement and stay order shall be prepared by the Diversion Coordinator.
1.107. Diversion Report Forms. The monthly report forms are available through the Diversion Coordinator. Report forms will be furnished to the accused.
1.108. Diversion Approval. The Diversion Coordinator shall conduct a criminal history check of the accused, review the file, and perform any other investigation that must be done to determine if diversion is appropriate for that case. The Diversion Coordinator shall make a recommendation to the County Attorney as to whether or not diversion should be granted, as well as recommendations for the length/terms of said diversion. The County Attorney shall approve or deny the diversion application. Application fees are non-refundable if the application is denied.
1.109. Diversionary Term. Providing that all conditions of the diversion agreement have been met/completed, and the accused has had no further violations of the law while on diversion, the accused may be considered for an early dismissal after completing at least half of the original diversionary term.
1.110. Juvenile Diversions. The same diversion requirements apply to both juvenile and adult offenders, except that the fee/fine schedule may be different.