The Douglas County District Attorney has established the following guidelines for the diversion application process:
Diversion is a privilege and not a right. No presumption in favor of diversion exists in any case, and the burden of persuasion rests with the applicant to establish that a diversion agreement will best serve the ends of justice, the interests of the community, public safety and the rights of the victims.
In determining whether or not to grant diversion, the District Attorney will consider whether the applicant demonstrates a genuine sense of remorse and is prepared to acknowledge the act(s) charged and accountability for the consequences of his or her actions. Other factors to consider are the nature of the crime and the circumstances surrounding it, the probability that the applicant will cooperate and benefit from the program, the impact on the community of placing the applicant on diversion, the recommendations of the involved law enforcement officers and of the victims, the amount of restitution owed, and any mitigating and aggravating circumstances surrounding the crime.
It is not required that an applicant have an attorney for the purpose of diversion. An applicant on an adult criminal case has the right to obtain an attorney and have him or her present throughout the diversion application process. Applicants that are approved for diversion will be required to pay any court appointed attorney’s fees.
Diversion are granted on a case by case basis. Some offenses are generally NOT appropriate for diversion. Those offenses include:
1. Crimes committed with a firearm;
2. Crimes where bodily harm results;
3. Crimes involving manufacture, distribution or dealing of drugs for profit;
4. Crimes involving fiduciary relationships;
5. Crimes involving vulnerable populations;
6. Crimes involving a criminal enterprise;
7. Crimes involving sex offenses.
ALL COURT APPEARANCES MUST BE ATTENDED DURING THE APPLICATION PROCESS. You may not turn in this application BEFORE your first appearance. YOUR APPLICATION MUST BE RECEIVED WITHIN 30 DAYS AFTER YOUR 1ST TRIAL SETTING OR YOUR APPLICATION WILL BE DENIED.
NOTE: Haskell Nations University Health Center is approved for all types of evaluations except felony drug cases and may be used by any tribal member. The address is 2415 Massachusetts, P.O.Box 864, Lawrence, KS 66046, 785-832-4833.
To view a complete list of approved agencies for alcohol and drug evaluations, please go to the Kansas Department for Aging and Disability Services website and click on the "Alcohol and Drug Evaluators" under the Program Directories heading.
To view a complete list of approved agencies for domestic violence evaluations, please go to the Kansas Attorney General's website and view the links for Certified Batterer Intervention Programs.
The purpose of this policy is to deal more effectively with domestic violence cases. The Douglas County District Attorney's Office will aggressively prosecute incidents of domestic violence. The goal of this policy is to protect the victim, deter the offender from committing further acts of violence, and to raise community awareness of domestic violence.
DIVERSION FEE SCHEDULE:
|Court costs||$108 for Traffic cases||Pay to Clerk of the District Court|
|$158 for Misdemeanor cases||Pay to Clerk of the District Court|
|$193 for Felony cases||Pay to Clerk of the District Court|
|Restitution payments||$ varies||Pay to Clerk of the District Court|
|KBI Lab fee||$400.00||Pay to Clerk of the District Court|
|Attorney-court appointed||$ varies||Pay to Clerk of the District Court|
|Fine||$ varies||Pay to Clerk of the District Court|
The court costs must be paid to the Clerk of the District Court at the time of turning in the signed diversion agreement. All other costs are to be paid to the Clerk of the District Court within three months of signing the diversion agreement. If payments are not made, the diversion agreement may be revoked and the case will be returned to the court docket for trial.