Adult criminal diversions in Douglas County, Kansas.
Adult Criminal Diversions
District Attorney Charles Branson
What are the guidelines for a criminal diversion?
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.
How do I know if I'm eligible for a criminal diversion?
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.
What procedures must I follow?
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.
- The applicant MUST sign a statement under oath as to the facts and circumstances surrounding the offense(s) and must disclose any prior diversions or convictions (other than traffic infractions).
- If the crime involves alcohol or drugs, the applicant MUST obtain an alcohol or drug evaluation and it can ONLY be obtained from one of the agencies on the approved Kansas Alcohol and Drug Evaluators list. You may view the list on the Kansas Department for Aging and Disability Services website and click on the "Alcohol and Drug Evaluators K.S.A. 8-1008" link. The evaluation MUST be turned in with the diversion application or the application will be returned. Cases where the applicant is charged with Furnishing Alcohol to a Minor are not required to obtain an alcohol evaluation.
- If the crime involves Domestic Battery, the applicant will be required to obtain a domestic batterer's evaluation as a condition of the diversion. The evaluation must be obtained from one of the agencies listed on page 4 of the Diversion Application after the diversion agreement is filed. The Domestic Violence Policy for Douglas County is included with this application.
- The application must be completed on the forms provided by the District Attorney's Office.
- The applicant (if Pro Se/representing oneself) or the applicant's attorney will be notified whether or not the diversion application has been approved. If the application is denied, notice will be in writing.
- All Diversion Agreements must be prepared by the Douglas County District Attorney's office. No other Diversion Agreements will be accepted.
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.
Where can I find a list of approved agencies for a required alcohol and/or drug evaluation?
For a complete List of providers in Kansas, click here.
(Note: this link will download an Excel spreadsheet of providers maintained by the Kansas Department on Aging and Disability Services.)
Where can I find a list of approved agencies for a required domestic violence evaluation?
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.
What is the District Attorney's Office's prosecution policy for domestic violence cases?
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.
- The Douglas County District Attorney's Office will file charges in all cases referred to this office by law enforcement where there is sufficient evidence to prosecute. Prior to filing charges, the law enforcement officer investigating the case will obtain, when possible, a written statement from the victim.
- Victims will be informed of their rights under the Victims Rights Constitutional Amendment including the right to be informed of and to be present at public hearings and the right to be heard at sentencing.
- At the first appearance, the prosecutor will request that a no contact condition be placed on the applicant’s bond. This condition will remain in place while the case is pending unless the victim appears, and for good reason, requests that the condition be removed.
- Factors to consider if the applicant wishes to apply for diversion are: the victim's position regarding the case, the safety of the victim and the community, the nature and extent of the victim's injuries, the applicant's prior criminal record, the applicant's prior history of domestic abuse, the applicant willingness to comply with the terms of the program and the prognosis of the applicant’s evaluation.
- A victim's request for a domestic violence case to be dismissed will not automatically result in the dismissal of that case. Such a request on the part of a victim is just one of a number of factors the District Attorney's Office will consider when deciding how to proceed with a domestic violence case.
What is the diversion fee schedule?
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.