The Montgomery County Diversion Program
The intent of the Diversion Program is to give a “second chance” to offenders who commit a minor offense. 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.
The County Attorney will consider a number of factors in determining if Diversion is appropriate. It is presumed by the following guidelines that diversion is NOT appropriate in the following circumstances:
- The applicant has previously been convicted of any misdemeanor offense, other than minor traffic violations, within five (5) years preceding date of the current charge(s);
- The applicant has previously been convicted of any felony offense within 10 years preceding the date of the current charge(s);
- The applicant has previously entered into a Diversion agreement or agreement for deferred prosecution in lieu of further criminal proceedings in this or any other jurisdiction within one (1) year preceding the current offense;
- The applicant is charged with any felony classified as Levels 1 through 8 on the nondrug grid and/or with any felony classified as Levels 1 through 4 on the drug grid by the Kansas Sentencing Guidelines Act;
- The applicant is charged with crime of a sexual nature that would or could otherwise require registration under the Kansas Offender Registration Act if convicted;
- The applicant is charged in a D.U.I. case
- Involving any injuries to any other person; and/or
- The applicant is charged in a D.U.I. case with children present in the vehicle;
- Crimes of Domestic Violence will not be considered for diversion unless the applicant submits a Domestic Violence Assessment at the time of the application and, additionally, approval of a diversion will be the exception and not the norm;
- In addition, Defendants with charges pending in other municipal, state, or federal jurisdictions will not be considered for Diversion
Additionally, by operation of Kansas law, the following situations/offenses are not eligible for diversion under any circumstances:
- Any charge of Domestic Battery in which the Defendant has been previously granted a Diversion, or agreement for deferred prosecution in lieu of further criminal proceedings, in any jurisdiction twice within three (3) years preceding the current charge
- Any traffic offense in which the Defendant-Driver holds a Commercial Driver’s License
- Any D.U.I. in which the Defendant has previously been granted a Diversion, or agreement for deferred prosecution in lieu of further criminal proceedings, for D.U.I. or substantially similar offense in any jurisdiction
- Any D.U.I. in which the Defendant has previously been convicted of D.U.I. or substantially similar offense in any jurisdiction
Cases Involving Financial Loss Over $10,000
Defendant’s granted diversion in cases involving a financial loss of over $10,000.00 may be required to serve thirty (30) days jail time prior to signing a diversion contract. Additionally, a minimum of twenty-five percent (25%) of restitution must be paid prior to signing the diversion contract. Finally, community service will be required as a condition of the diversion contract.