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Juvenile Criminal Diversions

Juvenile criminal diversions in Douglas County, Kansas.

The Douglas County District Attorney has established the following guidelines for the juvenile diversion application process. These guidelines are effective for any offense committed on or after July 1, 1997.

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.

The District Attorney will consider a number of factors in determining whether or not diversion is appropriate. It is presumed by these guidelines that diversion is NOT appropriate in the following circumstances:

  1. The applicant is charged with a crime contained in Article 34, 35,or 36 of Chapter 21 of the Kansas Statutes Annotated.
  2. The applicant is charged with a crime classified as a felony, with the exception of crimes described in K.S.A. 21-5801 (Theft).
  3. The applicant has a prior criminal record which includes convictions, prior diversions, or pending criminal matters not covered by the application.
  4. The applicant has been charged with an offense that was committed using a firearm.
  5. The applicant is a juvenile and has participated in either the Shoplifting Prevention Class or Prefile Diversion Program in Douglas County.

ALL COURT APPEARANCES MUST BE ATTENDED DURING THE APPLICATION PROCESS
You may turn in this application AFTER you have been booked and had your first appearance

  1. A $25.00 NON-REFUNDABLE Application Fee must accompany the diversion application or it will not be accepted. Payment shall be made with a check, or by money order, or a cashier’s check. WE NO LONGER ACCEPT CASH. If the application fee is paid with a personal check that is returned unpaid for ANY reason the diversion will be denied.
  2. The Applicant MUST sign a statement under oath as to the facts and circumstances surrounding the offense(s) and that he/she has not received any prior diversions or convictions (other than traffic)
  3. Upon acceptance into the Diversion program, the $25.00 non-refundable Application Fee will be applied towards the assessed Diversion Costs.
  4. If the crime involves alcohol or drugs, the applicant will be referred to Douglas County Youth Services by the District Attorney’s Office and will be required to take part in their Substance Abuse Program as a condition of diversion.
  5. The application must be completed on the forms provided by the District Attorney’s Office.
  6. The applicant’s attorney will be notified whether or not the diversion application has been approved. If the application is denied, notice will be sent in writing to the applicant’s attorney
  7. Prior to applying the applicant MUST obtain an Intake and Assessment through The Shelter, Inc. Call 785-331-1381 to set up an appointment.

Revised 12/3/14

DIVERSION FEE SCHEDULE

Juvenile Application fee $25.00 Pay to District Attorney
Diversion Fee $25.00 Pay to District Attorney
     
Court cost $56.00 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
Fine $varies Pay to Clerk of the District Court
     

You must pay the $25 diversion application fee up front when turning in the signed diversion application. The court costs must be paid to the Clerk of the District Court and the diversion fee must be paid to the District Attorney’s Office 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.