Diversion Eligibility

The Butler County Attorney’s Office has established a pretrial diversion program for qualified defendants charged with certain misdemeanor criminal and traffic offense.

Factors that may be taken into consideration in determining eligibility as set out in K.S.A. 22-2908.

1. The nature of the crime charged and the circumstances surround 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.
4. The probability that the defendant committed such crime as a result of an injury, including major depressive disorder, polytrauma, post-traumatic stress disorder or traumatic brain injury connected to service in combat zone. The 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 Veteran’s Affairs or the Kansas National Guard with the consent of the defendant.
5. The impact of diversion of the defendant upon the community.
6. Recommendations, if any, of the involved law enforcement agency.
7. Recommendations, if any, of the victim.
8. Provisions of restitution.
9. Any mitigating or aggravating circumstances.
10. Whether the defendant admits the offense and accepts responsibility.