Policies and Guidelines For Implementation of Diversions

A Diversion is a contract between the defendant and the State of Kansas. The County Attorney's office represents the State of Kansas. The Riley County Attorney's Office has an active policy of Diversion. In considering whether a given case should be diverted, attorneys in the office will consider the following:

  1. Defendant's history of prior criminal activity.
  2. Extent of harm caused by the Defendant's criminal conduct.
  3. Defendant's intent.
  4. Whether the victim induced or facilitated commission of the crime.
  5. Whether the Defendant has compensated or will compensate the victim.
  6. Assets available in a given case to the offender, or the prosecution, which may facilitate restoring the victims or rehabilitating the offender.
  7. Diversions are not routinely approved on drug cases, domestic violence cases or check cases.

Whether in consideration of all of the above, it appears that the State of Kansas, the victim, and the offender, would be better off through the Diversion process than by proceeding to plea or trial.

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