12-4418. Failure to fulfill diversion agreement; satisfactory fulfillment; records. (a) If the city attorney finds at the termination of the diversion period or any time prior thereto that the defendant has failed to fulfill the terms of the specific diversion agreement, the city attorney shall inform the municipal court of such finding and the municipal court, after finding that the defendant has failed to fulfill the 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 diversion agreement, the municipal court shall dismiss with prejudice the criminal charges filed against the defendant.
(c) The city attorney shall forward to the division of vehicles of the state department of revenue a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement required to be filed under subsection (d) of K.S.A. 12-4416, and amendments thereto. Such record shall be made available to any county, district or city attorney or court.
History: L. 1982, ch. 144, § 17; L. 1985, ch. 79, § 3; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 44 - Code For Municipal Courts; Proceedings After Arrest And Prior To Trial
12-4402 Appearance of accused person; action by counsel or by mail.
12-4405 Appointment of counsel, when.
12-4406 Pleas; failure to appear.
12-4407 Procedure upon plea of guilty.
12-4410 Discovery, depositions.
12-4411 Subpoenas; witnesses' expenses; abuse of subpoenas, costs.
12-4413 Municipal court diversion; definitions.
12-4415 Same; factors to consider; when prohibited.
12-4417 Same; condition diversion on plea prohibited; nonadmissible evidence.
12-4418 Failure to fulfill diversion agreement; satisfactory fulfillment; records.
12-4419 Defendants under 21 years, drug and alcohol evaluations.