12-4419. Defendants under 21 years, drug and alcohol evaluations. (a) Except as provided in subsection (b), if a diversion agreement between a city attorney and a defendant is entered into in lieu of further criminal proceedings alleging a violation by the defendant, while under 21 years of age, of an ordinance prohibiting an act prohibited by K.S.A. 2021 Supp. 21-5701 through 21-5717, and amendments thereto, or K.S.A. 41-719, 41-727, 41-804, 41-2719 or 41-2720, and amendments thereto, the agreement shall require the defendant to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the city attorney finds that the defendant is indigent, the fee may be waived.
(b) If the defendant is 18 or more years of age but less than 21 years of age and allegedly committed a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (a) are permissive and not mandatory.
History: L. 1989, ch. 95, § 2; L. 2009, ch. 32, § 21; 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.