A diversion is a written agreement between the City Prosecutor and the defendant. During the diversion period, the prosecutor agrees to stay prosecution of the case in exchange for the defendant completing certain requirements set forth in the diversion agreement. If the defendant complies with all requirements of the diversion agreement, the prosecutor will dismiss the case at the conclusion of the diversion period. The defendant avoids having a conviction on his/her record, and the case cannot be re-filed by the prosecutor.
Most diversions are one year in length and will be supervised by the Court Services Supervisor. Unsupervised diversions will be only granted on a limited basis when special circumstances exist as determined by the City Prosecutor. An unsupervised diversion will not be granted until all fees, fines, costs, and restitution have been paid in full by the defendant. Unsupervised diversions are generally six months in length. The Court Service Coordinator will review each case and determine whether or not the defendant has successfully completed the diversion agreement. If the diversion is completed successfully, the case will be dismissed by the prosecutor. If not, the prosecutor will resume prosecution of the case in the court.
Diversions will be considered for the following offenses:
- Driving Under the Influence of Alcohol/Drugs;
- Domestic Battery;
- Juvenile Driving in Violation of Restrictions;
- Possession or Consumption of Alcoholic Beverage by Minor;
- Possession of Marijuana;
- Possession of Drug Paraphernalia; and
- Miscellaneous criminal offenses (Battery, Assault, Criminal Damage to Property, and Unlawful Deprivation of Property).
The criteria and factors to be considered in granting or denying a diversion are as follows:
- The nature of the crime charged and the circumstances surrounding it;
- Any special characteristics or circumstances of the defendant;
- Whether the defendant is a first-time offender of an alcohol related offense and if the defendant has previously participated in diversion, according to the certification of the division of vehicles of the state department of revenue;
- Whether there is a probability that the defendant will cooperate with and benefit from diversion;
- Whether there is a probability that the defendant committed such crime as a result of an injury, including major depressive disorder, polytrauma, post-traumatic stress disorder or traumatic brain injury, connected to service in combat zone, as defined in section 112 of the Federal Internal Revenue Code of 1986, in the armed forces of the United States of America;
- If subsection 5 applies to the defendant, whether there is a probability that the defendant will cooperate with the benefit from inpatient or outpatient treatment from any treatment facility or program operated by the United States Department of Defense, the United States Department of Veterans Affairs, or the Kansas National Guard with the consent to of the defendant, as a condition of diversion;
- Whether the available diversion program is appropriate to the needs of the defendant;
- The impact of the diversion of the defendant upon the community;
- Recommendations, if any, from the Salina Police Department;
- Recommendations, if any from the victim;
- Provisions for restitution; and
- Any mitigating circumstances.
- Diversion will not be approved in cases that have been appealed from Salina Municipal Court to Saline County District Court.