Printable Format22-2911. Failure to fulfill diversion agreement; satisfactory fulfillment; records. (a) If the county or district attorney finds at the termination of the diversion period or any time prior to the termination of the diversion period that the defendant has failed to fulfill the terms of the specific diversion agreement, the county or district attorney shall inform the district court of such finding and the district court, after finding that the defendant has failed to fulfill the terms of the specific diversion agreement at a hearing thereon, shall resume the criminal proceedings on the complaint.
(b) If the defendant has fulfilled the terms of the diversion agreement, the district court shall dismiss with prejudice the criminal charges filed against the defendant.
(c) The county or district attorney shall forward to the Kansas bureau of investigation a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under K.S.A. 22-2909, and amendments thereto. Such record shall be made available upon request to any county, district or city attorney or court.
(d) The county or district attorney shall forward to the division of vehicles of the state department of revenue a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under K.S.A. 22-2909, and amendments thereto. Such record shall be made available to any city, county or district attorney or court.
History: L. 1978, ch. 131, § 6; L. 1981, ch. 153, § 2; L. 1982, ch. 145, § 2; L. 1982, ch. 144, § 9; L. 1985, ch. 79, § 5; L. 1993, ch. 166, § 3; L. 1998, ch. 131, § 6; July 1.
Law Review and Bar Journal References:
"Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W.L.J. 344, 346, 349, 352, 358, 359, 364 (1981).
"The New Kansas Drunk Driving Law: A Closer Look," Matthew D. Keenan, 31 K.L.R. 409 (1983).
"Kansas Diversion: Will Courts Become More Involved?" Michael Kaye, 56 J.K.B.A., No. 1, 8 (1986).
Attorney General's Opinions:
Provisions of diversion agreements; open public records. 94-7.
CASE ANNOTATIONS
1. Statute, 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, 975, 980, 666 P.2d 1190 (1983).
2. Cited; trial court's refusal to set aside diversion agreement not appealable under K.S.A. 22-3603. State v. McDaniels, 237 Kan. 767, 769, 771, 703 P.2d 789 (1985).
3. Cited; entering into diversion agreement in lieu of further criminal proceedings considered conviction for DUI sentence enhancement (K.S.A. 8-1567(i)). State v. Booze, 238 Kan. 551, 552, 558, 712 P.2d 1253 (1986).
4. Diversion agreement removes case from trial docket; until such time as proceedings resumed, defendant has no obligation to appear. State v. Chappell, 11 Kan. App. 2d 546, 549, 729 P.2d 1241 (1986).