Diversion Program Policy

Cowley County Attorney Diversion Program Policies

311 E. 9th St.                                                                     119 S. Summit St.

Winfield, KS 67156                                                         Arkansas City, KS 67005

Phone: 620-221-5485                                                    Phone: 620-442-4540

Fax: 620-221-9461                                                         Fax: 620-442-8582

General: The policies set out in this document are to guide the attorneys of this office in the exercise of their discretion in granting diversions in criminal and traffic cases. Diversion is a privilege, not a right, and the burden is on the Defendant in each case to establish that a diversion is in the interests of justice. The procedures set out below are merely guidelines, and may be varied in any particular case as the reviewing attorney deems appropriate.  All payments must be made in the form of a money order, attorney’s trust account check, or guaranteed check.

Eligibility: Diversion may be considered for all offenses other than those prohibited by law.

Application: Any Defendant wishing to be considered for diversion must submit an application within a  reasonable time after the Defendant’ s initial court appearance . Applications are available at the Cowley County Attorney’s Office, at both the Winfield and Arkansas City locations. Applications must be submitted along with a non-refundable $50.00 divers ion application fee, made out to “Cowley County Treasurer “.

All offenses involving drugs or alcohol will require a drug and alcohol evaluation prior to attorney review, and an additional non- refundable $ 150.00 drug and alcohol evaluation fee, made out to “Heartstone”, must be paid at the time of application. Upon receipt of the application the Cowley County Attorney’s Office will schedule the evaluation with Heartstone and notify the Defendant of the scheduled date and time. If the Defendant misses the appointment without making prior arrangements to reschedule, then an additional $150.00 will be required to schedule another evaluation.

Upon receipt each application will be given to an attorney for review.

Consideration: The reviewing attorney will consider all relevant factors in determining whether to grant an application for diversion, and, if granted, what the terms and conditions will be.

Factors to be considered include, but are  not  limited  to:  the  nature  of  the offense;  the  Defendant ‘s  criminal  history, whet her or not such prior history resulted in a conviction; any special circumstances surrounding the offense, including mitigating or aggravating factors; necessary restitution, including the Defendant’ s ability and willingness to pay; recommendations of law enforcement, the victim, or other involved parties.

Diversion Agreement: If a diversion is granted, the Defendant will be provided with a written Diversion Agreement for their review. The Defendant may request a diversion conference with the reviewing attorney prior to acceptance of the Agreement. Once accepted, the written Agreement constitutes the full agreement between the County Attorney’s Office and the Defendant.

Terms and conditions may include, but may not be limited to:  waiver of rights including speedy trial and jury trial rights; stipulation of facts, including an agreement not to contest those facts; specified duration of diversion; agreement not to violate any laws; reporting requirement; payment of costs, fees, fines, or restitution; participation in treatment or counseling programs; community service.

Effect: Upon the Defendant accepting the Diversion Agreement all criminal proceedings in the relevant case will be suspended for the term of the Agreement. Upon successful completion of the term of diversion the case against the Defendant will be dis missed with prejudice. In the event of a breach by the Defendant of the terms of the agreement, the County Attorney’s Office may elect to file a motion to revoke diversion, and a hearing will be set before the cou1t to determine if the Defendant breached the Agreement.  If  the  Defendant  is  found  to  have  breached  the  Agreement  it  will be revoked and criminal proceedings will resume,  otherwise  the  diversion  will  continue.  Waiver by the County Attorney’s Office of one breach by the Defendant does not constitute waiver of future breaches.