What are the procedures to obtain and complete diversion?
The application is available on the Butler County Attorney’s website, and in the Butler County Attorney’s office. For the defendant’s application to be considered, it must be completed and submitted to the Diversion Coordinator with the appropriate fee within ten (10) business days of the initial court date. A non-refundable $50.00 Application Fee shall be due at the time of application in order to determine the defendant’s eligibility for diversion. Eligibility does not guarantee acceptance for diversion. Application must be completed in full. An application with insufficient information to complete will result in the denial of diversion.
If the defendant is determined to be ineligible for consideration for diversion, the defendant will be notified. If the defendant is represented by counsel and requests an interview, one may be scheduled with the Diversion Coordinator. The defendant shall give such information as may be necessary for the Diversion Coordinator to determine his or her eligibility and suitability for diversion, including information which may otherwise be privileged. The defendant may also be required to submit to an evaluation to address the specific needs of the defendant.
If the defendant is accepted for diversion, the agreement will be prepared by the Diversion Coordinator and signed by the prosecutor. A date and time will be scheduled for the defendant and attorney (if applicable) to come to the County Attorney’s office and sign the agreement. The diversion agreement must be signed by all parties seven (7) calendar days prior to the next scheduled court hearing.
Any and all court costs, attorney fees, fines and/or restitution must be paid within the following time period. Any diversion up to three (3) months must be paid in full within the first thirty 30 days of the agreement. Any diversion up to six (6) months must be paid in full within the first ninety (90) days of the agreement. Any diversion up to nine (9) months must be paid in full within the first 120 days of the agreement. Any diversion up to twelve (12) months must be paid in full within the first 180 days of the agreement. If the court costs, attorney fees, fines and/or restitution are not paid on time, the prosecutor shall seek revocation of the diversion agreement which will result in a conviction of the offense.
The application fee must be in the form of a cashier’s check, money order, or attorney’s trust account made payable to “Butler County Attorney.” All other court costs, fees, fines and/or restitution must be in the form of a cashier’s check or money order made payable to the “Butler County District Court Clerk.”
Once the defendant and his/her counsel (if applicable) have reviewed and signed the diversion agreement, the Diversion Coordinator will file the agreement and send copies to the defendant and a filed stamped copy of the agreement will be forwarded to the Kansas Bureau of Investigations.
It is the responsibility of the defendant to ensure that all conditions of the agreement are fulfilled in a timely manner. If all requirements of the agreement are completed in a timely manner, the Diversion Coordinator will prepare and file a journal entry of dismissal with prejudice. The Diversion Coordinator will send a file stamped copy of the journal entry of dismissal to the Kansas Bureau of Investigations. One extension may be granted for up to ninety (90) days for cause and in extreme circumstances only.
If the defendant fails to complete one or more of the requirements of the diversion agreement in a timely manner, the prosecutor shall seek revocation of the diversion agreement which will result in a conviction of the offense.