22-2911. Failure to fulfill diversion agreement; satisfactory fulfillment; records.
22-2911
22-2911. Failure to fulfill diversion agreement;satisfactory fulfillment;records.(a) If the county or district attorney finds at the termination of thediversionperiod or any time prior to the termination of the diversionperiod that the defendanthas failed tofulfill the terms of the specific diversion agreement, the county or districtattorney shall inform the district court of such finding and thedistrict court, after finding that the defendant has failed to fulfillthe terms of the specific diversion agreement at a hearing thereon,shall resume the criminal proceedings on the complaint.
(b) If the defendant has fulfilled the terms of the diversionagreement, the district court shall dismiss with prejudice the criminalcharges filed against the defendant.
(c) The county or district attorney shall forward to theKansas bureau of investigation a record of the fact that a defendant did or didnotfulfill the terms of a diversion agreement required to be filed under K.S.A.22-2909 and amendmentsthereto. Such recordshall be made available upon request to any county, districtor city attorney or court.
(d) The county ordistrict attorney shall forward to the division of vehicles of the statedepartment of revenue a record of the fact that a defendant did or did notfulfill the terms of a diversion agreement required to be filed under K.S.A.22-2909 and amendmentsthereto. Such record shall be madeavailable to any city, county or district attorney or court.
History: L. 1978, ch. 131, § 6; L. 1981, ch. 153, § 2; L. 1982,ch. 145, § 2; L. 1982, ch. 144, § 9;L. 1985, ch. 79, § 5;L. 1993, ch. 166, § 3;L. 1998, ch. 131, § 6; July 1.