The Montgomery County Diversion Program

The intent of the Diversion Program is to give a “second chance” to offenders who have no prior criminal history. The Montgomery County Attorney has established the following guidelines for the Diversion Program. There is no guarantee that Diversion will be granted in any given case.

Factors for Approval

In determining whether or not to grant diversion, the County Attorney considers whether the applicant  demonstrates a genuine sense of remorse and  is prepared to acknowledge the act(s) charged and accountability for the consequences of his or her actions.

Other factors that will be considered include, but aren’t limited to:

  • The nature of the crime and the circumstances surrounding it
  • The probability that the applicant will cooperate and benefit from the program.
  • The impact on the community of placing the applicant on Diversion.
  • The recommendations of the involved law enforcement officers
  • The recommendations of any victims involved
  • The amount of restitution owed
  • Any mitigating and aggravating circumstances surrounding the crime

The victim, assigned A.C.A., and involved law enforcement officials will all be consulted regarding any application for diversion.

Diversion Approval

If you are approved for a Diversion, the Program lasts from a minimum of six (6) months or longer depending on the nature of charges and any aggravating/mitigation circumstances.  The diversion period begins after the filing of the Diversion Agreement and Agreed Order of Stay with the Court.

During the diversion period, you must not receive any major moving violations or be charged with any criminal offenses. Receipt of a major moving violation or new criminal charges while an applicant is on Diversion will result in termination of the Diversion Agreement.

The Diversion program will be administered in accordance with K.S.A. § 22-2907; K.S.A. § 22-2908; K.S.A. § 22-2909; K.S.A. § 22-2910; and, K.S.A. § 22-2911.