Diversion

A diversion is an agreement between the County Attorney and the defendant whereby the Prosecutor agrees to stay prosecution of the criminal charge for a period of time. During this time, the criminal charge is still on file with the Court but court action has stayed. After a period of supervision (usually 6 to 12 months), the Prosecutor agrees to dismiss the charge if the defendant has complied with all the conditions of the diversion agreement and has had no violations. If the defendant successfully completes the supervision period, the case is dismissed. There is no conviction and the case cannot be refiled.

If the defendant does not agree with the terms of the diversion agreement, the case stay will be lifted and the case will resume.

The County Attorney reserves the right to file a motion to terminate the diversion if the defendant violates any of the conditions in the diversion agreement during the supervision period. The motion and a notice of the hearing date will be sent to the defendant’s last known address. If the defendant fails to appear at the motion hearing, the County Attorney will request a warrant for his/her arrest. If a violation is proven, then the diversion is terminated and prosecution is reinstated.

The defendant is required to stipulate a factual basis in the agreement. Any subsequent trial will be on stipulated facts as set forth in the agreement. By agreement, all law enforcement reports generated for the case will  be admitted without additional foundation. The defendant will be asked to waive his/her right to a speedy trial and the right to confront witnesses. If you are representing yourself, you will be asked to waive your right to an attorney.  If you cannot afford an attorney, contact the court to have a counsel appointment.

In order to determine whether a person qualifies for diversion, several factors are taken into consideration. First, a criminal history check is conducted. Diversions are generally for first-time offenders. Also, the defendant has to have been cooperative with law enforcement. If there is a victim in the case, the victim will be notified that the Defendant is applying for diversion. If a victim does not want a defendant to receive a diversion, they are disqualified. Other factors that may disqualify a person from getting a diversion include cases where crimes occurred over a period of time, rather than just a single incident;  crimes that involve several victims or counts; and  crimes that involve a large amount of restitution. There are some cases that never qualify for diversion, due to their severity level.

A  the diversion application fee is assessed when a person applies for diversion. The amount of the fee depends on the types of charges and whether a person is an adult or a juvenile. The diversion application fees are as follows:

Adult Felony or DUI - $250.00

Adult Misdemeanor - $125.00

Juvenile Felony - $100.00

Juvenile Misdemeanor - $50.00

These fees must be submitted with the diversion application for processing. The diversion application must be filled out completely and truthfully, and the signature must be notarized or the application will be returned. If the application is denied, the application fee is non-refundable and will not be used toward any fines or fees.

A Defendant is entitled to a diversion conference with the Diversion Coordinator and the Defendant's attorney can be present as well.

Please direct any procedural questions concerning diversion to the Diversion Coordinator at (785) 309-5815. However, please remember that the County Attorney and his staff cannot give you legal advice as to what you should do or what is in your best interests. If you have questions of this nature, you need to consult a private attorney.

1. The diversion will last for a period of no less than six months.

2. Payment of the $125.00 diversion application fee must be paid at the time the diversion application is submitted.  Payment of the court costs of $158.00 must be paid before the diversion agreement will be filed with the clerk’s office.  Payment of a fine of at least $200.00, and a payment of $100.00 to the Saline County Crime Victims Reparations Board will be due within three months of the filing of the application.  There is a statutory mandatory fine due.  The application fee is non-refundable if your application for diversion is denied.

3. The Defendant is required to report monthly to the Diversion Coordinator.  This may be by report form or in person, as determined by the Diversion Coordinator.

4. The Defendant shall sign the necessary releases which authorize a copy of the Domestic Violence Offender  Evaluation to be sent to the Saline County Attorney's Office and authorizes any treatment program providers to share information with the Diversion Coordinator.  The costs of the assessment, and any additional programs required, shall be paid directly to the facility by Defendant.

5. Initially, the Defendant will not be allowed to have contact with the victim.  This condition may be modified once the domestic assessment is received and after input from the victim.

6. Defendant must abstain from the use of alcohol/drugs throughout the duration of the diversion.

Each defendant is treated as an individual and specific terms of diversion will be established to meet his/her needs.  

A Defendant is entitled to a diversion conference with the Diversion Coordinator and the Defendant's attorney can be present as well.

Please direct any procedural questions concerning diversion to the Diversion Coordinator at (785) 309-5815. However, please remember that the County Attorney and his staff cannot give you legal advice as to what you should do, or what is in your best interest. If you have questions of this nature, you need to consult a private attorney. 

A diversion is an agreement between the County Attorney and the defendant whereby the Prosecutor agrees to stay prosecution of the DUI charge for a period of one year.  During this year, the DUI charge is still on file with the Court but court action has stayed.  After one year, the Prosecutor agrees to dismiss the DUI charge with prejudice if the defendant has complied with all the conditions of the diversion agreement.  If the defendant successfully completes the year period, the case is dismissed.  This means there is no conviction and the case cannot be refiled.  However, this diversion counts as a conviction under state and city law for sentencing purposes in any subsequent DUI case.  It will also count as one of three habitual traffic offenses, which under state law could result in a driver’s license revocation.

The County Attorney reserves the right to file a motion to terminate the diversion if the defendant fails to comply with  any of the conditions in the diversion agreement during the year period.  The motion and a notice of the hearing date will be sent to the defendant’s last known address.  If you fail to appear at the hearing, the County Attorney will request a warrant for your arrest.  If a violation is proven, then the diversion is revoked and prosecution is reinstated.

The defendant is required to stipulate a factual basis in the agreement.  Any subsequent trial will be on stipulated facts as set forth in the agreement.  You will be asked to waive your right to speedy arraignment, preliminary hearing, the right to confront witnesses, and the right to a jury trial.  If you are representing yourself, you will be asked to waive your right to an attorney.

The diversion agreement contains many conditions that the defendant must comply with.  Ample opportunity is given to each person to review the diversion prior to signing it.  In order to be eligible for diversion, the defendant must have no prior DUI/criminal convictions or diversions, an accident was not involved, the alcohol test was taken and the results are no higher than .200g/BrAC.  The four primary conditions that must be met are:

1.  No violations of the law during the year diversionary period.

2. Payment of fines, fees, and costs to include a $250.00 diversion application fee, $750.00 fine, court costs of $108.00, and $100.00 to the Saline County Crime Victim Fund.  The fine amount may increase if there are additional charges.  The diversion application fee is due immediately. The balance of the costs is due within 6 months of the filing of the diversion agreement.

3. An evaluation from Central Kansas Foundation (CKF) or similar facility must be obtained.  Drug and alcohol counselors will perform an assessment concerning any substance abuse problems.  All recommendations of the evaluation must be complied with.  Recommendations usually include an Alcohol/Drug Information School or the Salina Weekend Intervention Program.  The evaluation must be completed within 60 days of the filing of the diversion agreement. Costs for the evaluation and any follow-up recommendations are at your own expense.

4. The defendant is required to maintain contact with the Diversion Coordinator.  The defendant may be required to maintain contact by meeting personally with the Diversion Coordinator or by mailing in a monthly report form, which will be provided by the Diversion Coordinator.

Other terms of diversion may include maintaining full-time employment, mental health evaluations, counseling, community service, no contact orders, and letters of apology.  Each defendant is treated as an individual and specific terms will be established to meet his/her needs.

If you want to apply for a diversion of your DUI charge, you must complete the attached application for diversion and sign it in front of a notary public.  The application and application fee (made payable to the Clerk of the District Court) should be returned to the County Attorney’s Office prior to your court date.  If you need additional time, you will need to seek a continuance of your case from the judge.  The application fee is non-refundable if your application for diversion is denied.

The Diversion Coordinator will check your record and review the application.  You will then receive a letter either granting or denying your application.  If granted, you will be given a diversion agreement to sign. 

Traffic infractions such as speeding will NOT be diverted. Any infraction will have to be paid prior to the diversion agreement being filed if your application is approved for diversion.

Please direct any procedural questions concerning diversion to the Diversion Coordinator at (785) 309-5815. However, please remember that the County Attorney and his  staff cannot give you legal advice as to what you should do or what is in your best interests. If you have questions of this nature, you need to consult a private attorney. 

After the qualification process, if it is determined that a defendant is qualified to receive a diversion for a charge of MIP and/or TOC (see the above process to determine if a person is qualified for diversion) the following main conditions will apply: 

1. The diversion will last for a period of no less than six months.

2. There can be no violations of the law during the six month diversionary period.

3. Payment of fines, fees and costs will be required. This includes a $125.00 diversion application fee, $200.00 fine, court costs of $108.00 (for Transporting Open Container, traffic court), $158.00 if filed as a criminal case, and $100.00 to the Saline County Crime Victim Fund.  The fine amount may increase if there are additional charges.  The diversion application fee is due immediately. The court costs are due before the diversion will be filed with the clerk’s office.  The balance is due within 4 months of the filing of the diversion agreement.

4. The defendant shall successfully complete an Alcohol/Drug Information School within four months.  This school may be conducted by the Central Kansas Foundation, Salina, Kansas, online through 3^rd Millennium Classrooms or similar institution, subject to the approval of the County Attorney's Office.  The defendant shall sign the necessary releases which authorizes this information to be sent to the County Attorney's Office.  The costs of a said school shall be paid by the defendant.

5. The defendant is required to maintain contact with the Diversion Coordinator.  The defendant may be required to maintain contact by meeting personally with the Diversion Coordinator or by mailing in a monthly report form, which will be provided by the Diversion Coordinator.

6. The defendant shall not consume alcoholic beverages nor partake of illegal drugs during the duration of the diversionary period.  You may be subject to a breathalyzer test or urinalysis at your own expense, at the discretion of the County Attorney's Office

Each defendant is treated as an individual and specific terms will be established to meet his/her needs.

Please direct any procedural questions concerning diversion to the Diversion Coordinator at (785) 309-5815. However, please remember that the County Attorney and his staff cannot give you legal advice as to what you should do or what is in your best interests. If you have questions of this nature, you need to consult a private attorney.