Diversion Guidelines for Non-Traffic
The City Prosecutor of the City of Hesston, Kansas has established a Diversion Program. Diversion are an opportunity offered by the City Prosecutor that prevent convictions from going onto the criminal record. Diversions are an agreement with the City Prosecutor and if the defendant complies with the terms of the Diversion Agreement, the charges are dismissed. There is no presumption in favor of diversion in any case and the defendant is required to show that diversion will serve the ends of justice and interests of the community. Diversion is a privilege not a right. Diversions are generally not available on a second offense of the same or similar crime. Granting a Diversion is at the sole discretion of the City Prosecutor and various considerations apply based on all relevant information.
If the defendant wants to apply for Diversion, taking into consideration all the preceding information, fill out the application completely and submit it with a non-refundable fee of $25.00. The application and application fee are encouraged to be mailed in before your court date. When the Diversion Office receives your application and application fee, a new court date will be provided to you.
The Diversion Office will notify you by mail if you are accepted or denied. If accepted, a Diversion Agreement will be mailed to the defendant. The defendant will be required to pay the original fine(s), court cost and a Diversion Program fee of $200.00. Each Diversion Agreement contains standard requirements specific to the charges involved.
Common examples include:
- Violate No Laws in any state during the term of the Diversion Agreement.
- Abstain from alcohol and/or mind/mood altering substances (charges of DUI, minor w/alcohol, drug related charges, etc.).
- Obtain a substance abuse evaluation and follow all recommendation (charges of DUI, minor w/alcohol, drug related charges, etc.).
- Successfully complete Alcohol Drug Information School (ADIS/ADAP) and successfully complete DUI Impact Panel (charges of DUI).
- Obtain a Batterer Intervention Program (BIP) Assessment and follow all recommendation (charges of Domestic Battery).
- Attend Shoplifters education class (charges of Theft).
- No checking account (on charges of passing worthless checks).
- Pay restitution.
- The City Prosecutor reserves the right to add additional requirements to any case.
The defendant will enter into an agreement for pretrial diversion, the proceedings shall be continued for 12 months at defendants’ request with a stipulation as to all facts contained on the citation or in the report.
The Diversion Agreement will need to be reviewed, signed, and mailed to the Diversion Office before the new court date. If you do not turn in your signed Diversion Agreement by the new court date given, you are to appear in court on that date. The Diversion will begin once the Diversion Office receives the original signed Diversion Agreement.
Before the end of the diversion, a check of your record will be made to see if there are new violations or convictions since the diversion. If there are no new violations or convictions, you will receive a successful discharge from your diversion. If there are new violations on your record, you will be notified to appear in Court for a revocation hearing.
If you have further questions, contact Hesston Municipal Court Clerk at (620) 327-2020 or Hesston City Prosecutor Heather L Figger at (316) 284-6830.
Diversion (Non-Traffic) Guidelines and Application (pdf)