LAWRENCE CITY PROSECUTOR S OFFICE DIVERSION PROGRAM

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1 LAWRENCE CITY PROSECUTOR S OFFICE DIVERSION PROGRAM The following guidelines have been adopted by the Lawrence City Prosecutor s office for the diversion program in Lawrence Municipal Court. These guidelines supersede prior policies or guidelines and become effective July 1, Diversion is a privilege and not a right. No presumption in favor of diversion exists in any case, and the burden of persuasion rests with the applicant to establish that a diversion agreement will best serve the ends of justice and the interests of the community, public safety and the rights of the victims. Eligibility; Factors Considered In determining whether or not diversion is appropriate, the City Prosecutor s Office will consider a number of factors, including, but not limited to the following: 1. The nature of the crime and the circumstances surrounding it. 2. Any special characteristics and circumstances of the defendant. 3. Whether the defendant is a first-time offender. 4. Whether the diversion program is appropriate to the needs of the defendant. 5. The impact of diversion on the community. 6. Recommendations of the involved law enforcement community. 7. Recommendations of the victim. 8. The amount of restitution, if applicable, owed by the defendant. 9. Any mitigating or aggravating circumstances surrounding the crime. 10. Whether there is a probability, the defendant committed the crime as a result of an injury, including major depressive disorder, polytrauma, post-traumatic stress disorder or traumatic brain injury connected to service in a combat zone while in the U.S. Armed Forces; and, if so, whether there is a probability the defendant will cooperate with and benefit from inpatient or outpatient treatment in a facility operated by the U.S. Dept. of Defense, the U.S. Dept. of Veterans Affairs or the Kansas National Guard, with the defendant s consent. Exclusions 1. A defendant who has a commercial driver s license (CDL) is NOT eligible for diversion of any traffic offense. 2. A defendant charged with operating under the influence of alcohol or drugs will not be eligible for diversion if: (a) the defendant has a previous conviction or diversion for operating under the influence of alcohol or drugs, or (b) the defendant was, at the time of the alleged operating under the influence, involved in a motor vehicle accident resulting in injury or death of a person, or (c) the defendant has or, at the time of the offense, had a commercial driver s license. 3. A defendant who has an outstanding balance owed to Lawrence Municipal Court is not eligible for diversion until all outstanding fees are paid in full. Procedures You may turn in this application to the Municipal Court Clerk s Office with the $30 non-refundable application fee and the required documentation applicable to the offense(s) charged. See pages2-3 for the list of requirements and approved providers. The application review process takes a minimum of days. A formal diversion conference may be required. If the City Prosecutor approves you for diversion, the terms and conditions will be reduced to writing for approval and signature by both parties. The City Prosecutor s Office will notify you or your attorney in writing whether your diversion agreement has been approved or denied. ALL COURT APPEARANCES MUST BE ATTENDED DURING THE APPLICATION PROCESS. FAILURE TO APPEAR IN COURT BEFORE SUBMISSION OF AN ORIGINAL SIGNED AND INITIALED DIVERSION AGREEMENT WILL RESULT IN A BENCH WARRANT.

2 Required Documentation A. The diversion application must be completed on the form provided. You may attach additional pages. B. A diversion application will not be accepted for a charge of operating under the influence of alcohol (OUI) without an accompanying alcohol evaluation. C. A diversion application will not be accepted for a charge of possession/consumption of an alcoholic beverage while underage (MIP) without proof of completion of an approved alcohol information school. D. A diversion application will not be accepted for a charge of possession of marijuana without an accompanying substance abuse evaluation. E. A diversion application will not be accept for a charge of No Insurance without proof of current liability insurance. If you do not own a vehicle, you may submit proof of current NON-OWNER liability insurance. The Diversion Agreement The standard diversion agreement length is twelve months and may include the following terms: 1. Do not violate the law. 2. Complete the treatment recommendations of a substance abuse/alcohol evaluation. 3. Attend alcohol/drug information school. 4. Attend a presentation of the DUI Victim Panel. 5. Complete a theft prevention program. 6. Complete anger management. 7. Complete hours of community service work. 8. Pay restitution. 9. Pay diversion fees, along with court costs and other administrative fees. 10. Any other term deemed appropriate for your circumstances. The executed diversion agreement will be filed with the Municipal Court and criminal proceedings will be suspended as long as the defendant fulfills all the terms and conditions of the diversion agreement. If at any time during the diversionary period the City Prosecutor finds that the defendant is not fulfilling the terms and conditions of the diversion agreement, the City Prosecutor may file a Motion to Revoke the diversion agreement and resume criminal proceedings. Upon successful completion of the terms and conditions of the diversion agreement, the charge(s) will be dismissed with prejudice. Supervising City Prosecutor

3 NO DIVERSION APPLICATION WILL BE ACCEPTED FOR: OUI - Without an accompanying alcohol evaluation MIP - Without accompanying verification of alcohol information school completion Poss. of Marijuana Without an accompanying substance abuse evaluation No Insurance -Without accompanying proof of current insurance Approved Alcohol Evaluation AACF Therapy Center 719 Massachusetts St., Suite 115, Lawrence, KS (785) Allied Assessments 5757 Merriam Dr., Merriam, KS (913) Alpha Recovery 5040 Bob Billings Pkwy, Suite B, Lawrence, KS (785) Assessments, LLC 2120 West 25 th Street, Suite J, Lawrence, KS Assessments Services 108 E. Poplar, Suite A, Olathe, KS (913) Choices 1020 Massachusetts St., 201, Lawrence, KS, S. Clairborne Road, Suite 4, Olathe, KS (877) (913) Connecting Pointe 1713 E. Cedar, Suite 104, Olathe, KS (913) Cypress Recovery Inc. 230 S. Kansas, Olathe, KS (913) DCCCA Center Inc E. 23 rd St., Lawrence, KS (785) Heartland Clinical 544 Columbia, Lawrence, KS SW 28 th, Suite F, Topeka, KS Heartland Reg. ADAC P.O. Box 1063, Mission, KS (800) (913) Kathleen Ruth 212 N. Hillside, Wichita, KS (316) Paramount Recovery 1040 New Hampshire #26, (785) LLC Professional Treatment 3205 Clinton Pkwy Ct., Lawrence, KS (785) Services Road to Recovery 1910 Haskell Ave, Ste A-5, Lawrence, KS Sims-Kemper Counseling 1707 SW Medford Ave, Topeka, KS (785) Alcohol Information School Providers Allied Assessments 5757 Merriam Drive, Merriam, KS, (913) Alpha Recovery 5040 Bob Billings Pkwy, Suite B, Lawrence, KS (785) Assessment Services 108 E. Poplar, Suite A, Olathe, KS (913) Assessments, LLC 2120 West 25 th Street, Suite J, Lawrence, KS Choices 1020 Massachusetts St., 201, Lawrence, KS, S. Clairborne Road, Suite 4, Olathe, KS (877) (913) Connecting Pointe 1713 E. Cedar, Suite 104, Olathe, KS (913) Cypress Recovery Inc. 230 S. Kansas, Olathe, KS (913) DCCCA Center Inc E. 23 rd St., Lawrence, KS (785) Heartland Clinical 544 Columbia, Lawrence, KS SW 28 th, Suite F, Topeka, KS Professional Treatment 3205 Clinton Pkwy Ct., Lawrence, KS (785) Services Road to Recovery 1910 Haskell Ave, Ste A-5, Lawrence, KS

4 Approved Marijuana/ Substance Abuse Evaluation Providers AACF Therapy Center 719 Massachusetts St., Suite 115, Lawrence, KS (785) Alpha Recovery 5040 Bob Billings Pkwy, Suite B, Lawrence, KS (785) Assessments, LLC 2120 West 25 th Street, Suite J, Lawrence, KS (785) Assessment Services 108 E. Poplar, Suite A, Olathe, KS (913) Choices 1020 Massachusetts St., 201, Lawrence, KS, S. Clairborne Road, Suite 4, Olathe, KS (877) (913) Connecting Pointe 1713 E. Cedar, Suite 104, Olathe, KS (913) DCCCA Center Inc E. 23 rd St., Lawrence, KS (785) Heartland Clinical 544 Columbia, Lawrence, KS SW 28 th, Suite F, Topeka, KS Paramount Recovery LLC 1040 New Hampshire #26, (785) Professional Treatment 3205 Clinton Pkwy Ct., Lawrence, KS (785) Services Road to Recovery 1910 Haskell Ave, Ste A-5, Lawrence, KS Sims-Kemper Counseling 1707 SW Medford Ave, Topeka, KS (785) DUI Victim Panel Kansas DUI Impact Center Heartland Clinical 544 Columbia Lawrence, KS Theft Prevention Program Heartland Clinical 5040 SW 28 th Suite F Topeka, KS Connecting Pointe 1713 E. Cedar Suite 104 Olathe, KS (913) Tony Jones 111 E. 11 th St. Lawrence, KS (785) *need referral form Anger Management Program Bert Nash Community Health Center 200 Maine (785) Ace Ignition Interlock 2400 Franklin Rd Lawrence, KS (785) , Driving School GO Driving School, LLC 932 Massachusetts, Ste. 308 (785) Ignition Interlock Smart Start (University Audio)

5 CITY OF LAWRENCE-MUNICIPAL COURT City Prosecutor s Office 1006 New Hampshire (785) /1/2015 DIVERSION APPLICATION For Court Use Only: Outstanding balance owed: Docket #: Date Rec d: Def Atty: Paid: CK # Receipt# Evaluation: AIS certificate: Ins. or Interlock: A non-refundable $30.00 application fee must be paid with this application to initiate the diversion process (cash, check, money order). Every section in this application must be filled in. *LAST NAME FIRST NAME MIDDLE NAME *ADDRESS CITY STATE ZIP *TELEPHONE NUMBER - HOME ( ) - CELL - ( ) * ADDRESS *** HOW DO YOU PREFER WE SEND YOU THE NOTICE OF APPROVAL/DENIAL? (CIRCLE ONE) U.S. MAIL *LIST ALL PREVIOUS ADDRESSES FOR THE LAST 3 YEARS: Address City State Zip Address City State Zip Address City State Zip *LIST ANY ALIAS/MAIDEN NAME *SOCIAL SECURITY NUMBER *DATE OF BIRTH / / SINGLE MARRIED DIVORCED SEPARATED *IF MARRIED, SPOUSE S FULL NAME DATE OF BIRTH *NAME ALL DEPENDENTS DATE OF BIRTH DATE OF BIRTH DATE OF BIRTH *DRIVER LICENSE NUMBER: *STATE OF ISSUANCE *DO YOU CURRENTLY OR AT THE TIME OF THIS OFFENSE OWN/POSSESS A COMMERCIAL DRIVERS LICENSE? *IF STUDENT; LIST PERMANENT/PARENT S ADDRESS: *CLOSEST RELATIVE NOT PRESENTLY LIVING WITH YOU: NAME *ADDRESS CITY STATE ZIP * PHONE # RELATIONSHIP **********ARE YOU A STUDENT AT THE UNIVERSITY OF KANSAS? Yes No (circle one) *********ARE YOU A U.S. VETERAN? Yes No (circle one) * DO YOU SUFFER FROM MAJOR DEPRESSIVE DISORDER, POLYTRAUMA, POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY CONNECTED TO U.S. MILITARY SERVICE IN A COMBAT ZONE? Yes No (circle one) (further information may be listed in medical history section on next page) WORK EXPERIENCE PRESENT EMPLOYER HOW LONG? TITLE ADDRESS CITY STATE PHONE WEEKLY SALARY $ SUPERVISOR S NAME COMPANY NAME ADDRESS CITY STATE SUPERVISOR S NAME FROM TO JOB TITLE COMPANY NAME ADDRESS CITY STATE SUPERVISOR S NAME FROM TO JOB TITLE

6 *HIGHEST LEVEL OF EDUCATION COMPLETED *WHAT COUNTY (ie: DOUGLAS, JOHNSON, JEFFERSON) ARE YOU CURRENTLY A RESIDENT OF: *WHAT STATE HOW LONG? *IF YOU MOVED TO DOUGLAS COUNTY WITHIN THE PAST 5 YEARS, WHERE DID YOU LIVE PREVIOUSLY AND WHAT PROMPTED THE MOVE? MEDICAL HISTORY - (PLEASE LIST BRIEFLY) *PHYSICAL CONDITION: *LIST ANY PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT RECEIVED: CRIMINAL HISTORY (ATTACH ADDITIONAL PAGES IF NECESSARY) List ALL prior or pending offenses: including criminal, traffic and juvenile. Include ALL arrests and convictions, even if subsequently expunged. Also, list any other diversion programs you have previously participated in. *FAILURE TO MAKE A FULL DISCLOSURE WILL RESULT IN AUTOMATIC DENIAL OF YOUR APPLICATION* Date Offense Location Disposition Parole/Probation Officer ADDITIONAL QUESTIONS *PLEASE STATE IN DETAIL THE FACTS WHICH CAUSED THE CURRENT CHARGES AGAINST YOU TO BE FILED: *PLEASE STATE WHAT YOU BELIEVE TO BE ANY MITIGATING FACTORS CONCERNING THE CRIME(S) WITH WHICH YOU ARE CHARGED: *EXPLAIN WHY YOU FEEL YOU SHOULD BE GRANTED DIVERSION: I have read the foregoing application. All of the information is true and correct. I understand that if any of the foregoing information is not true and correct, this may be a basis for denial of the diversion or a revocation of my diversion. I request a continuance of the court date for my case to allow the city time to review my application and obtain the information necessary to determine whether or not a diversion can be granted. I understand that I have a right to a speedy trial and I knowingly and voluntarily waive the right to speedy trial. I understand that if I am arrested, cited, or charged with a crime after the date of this application; I must disclose the arrest, citation, or charge to the City Prosecutor s Office. I understand that failure to do so may result in my diversion being revoked. Defendant s Signature Date

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