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