22-2910. Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters. No defendant shall be required to enter any plea to a criminal charge as a condition for diversion. No statements made by the defendant or counsel in any diversion conference or in any other discussion of a proposed diversion agreement shall be admissible as evidence in criminal proceedings on crimes charged or facts alleged in the complaint. Except for sentencing proceedings and as otherwise provided in K.S.A. 22-2909(c), and amendments thereto, and as otherwise provided in K.S.A. 8-285 and 8-1567, and amendments thereto, the following shall not be admissible as evidence in criminal proceedings which are resumed under K.S.A. 22-2911: (1) Participation in a diversion program; (2) the facts of such participation; or (3) the diversion agreement entered into.
History: L. 1978, ch. 131, § 5; L. 1982, ch. 144, § 8; L. 2012, ch. 172, § 34; L. 2018, ch. 106, § 30; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 29 - Procedure After Arrest
22-2901 Appearance before the magistrate.
22-2902 Preliminary examination.
22-2902a Preliminary examination; admissibility of report of forensic examiner.
22-2902d Preliminary examination; admissibility of certain scrap metal dealer records.
22-2903 Exclusion and separation of witnesses.
22-2904 Testimony reduced to writing.
22-2905 Proceedings after the preliminary examination.
22-2908 Grant of diversion; factors to consider; when prohibited.
22-2910 Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters.
22-2911 Failure to fulfill diversion agreement; satisfactory fulfillment; records.
22-2912 District court rules for diversion procedures; 22-2906 to 22-2911, inapplicable; factors.