Diversion Ineligibility

What offenses are ineligible? 

1. Criminal
   1. Defendants charged with the following offenses are statutorily prohibited from receiving diversion, as set out in K.S.A. 22-2908(b).
      1. The defendant is charged an off grid felony.
      2. The defendant is charged with a level 1, 2 or 3 non drug felony.
      3. The defendant is charged with a level 1, 2, or 3 drug felony.
      4. The defendant is charged with domestic violence offense and has participated in two or more diversions in the previous five year period upon complaints alleging a domestic violence offense.
   2. At the discretion of the County Attorney, defendants charged with following offenses shall be denied diversion as well.
      1. The defendant is charged with a level 4, 5, 6, 7, 8, 9 or 10 non drug felony.
      2. The defendant is charged with a level 4 or 5 drug felony.
      3. The defendant is charged with a person felony crime.
      4. The defendant is charged with a misdemeanor or felony sex offense.
      5. The defendant is charged with a crime involving a firearm
   3. At the discretion of the County Attorney, diversion may be denied for the following.
      1. The defendant has been convicted of a felony within the last (10) years.
      2. The defendant has been convicted in municipal, county, state or federal court of a misdemeanor or infraction.
2. Traffic 
   1. At the discretion of the County Attorney, diversion may be denied for the following.
      1. The defendant is charged fleeing and attempting to elude
      2. The defendant is charged with speeding in a school or construction zone.
      3. The defendant is charged failure to yield to an emergency vehicle.
      4. The defendant is charged with reckless driving.
      5. The citation was the result of a traffic accident and a person other than the defendant was injured and or damage to property occurred.
      6. The defendant currently holds a Commercial Driver’s License.
      7. The defendant has more than one moving violation conviction within the past six (6) months or more than three (3) within the past three (3) years.
      8. The defendant’s speed was greater than 20 mph over the posted speed limit.
3. DUI and alcohol related offenses
   1. Defendants charged with the following offenses are statutorily prohibited from receiving diversion, as set out in K.S.A. 22-2908(b).
      1. The defendant has previously been convicted or pled nolo contendere to above offenses, even if the conviction has since been expunged.
      2. The defendant has previously participated in diversion program.
      3. During the time of the alleged violation, the defendant was involved in a motor vehicle accident or collision resulting in personal injury or death.
      4. At the time of the alleged violation, the defendant held a Commercial Driver’s License.
   2.  At the discretion of the County Attorney, defendants shall be denied diversion for the following as well.
      1. At the time of the alleged violation, there were one or more children under the age of 18 years in the vehicle.
      2. The defendant’s driver’s license is revoked or suspended.
      3.  The defendant was driving in violation of a substantial license restriction.