Kan. R. Jud. Dist. JUVENILE RULE 13
Under the authority granted in K.S.A. 38-1635(f), the Judges of the Tenth Judicial District hereby establish an immediate intervention program, hereinafter called juvenile diversion, diversion, immediate intervention, or the program, and adopt the following rule for the administration of the program.
The District Attorney, upon criteria not limited by K.S.A. 38-1635(b), will determine the overall eligibility for diversion and eligibility for each of the respective diversion categories or levels of supervision established below. Court Services will provide the program supervision. The District Attorney will adopt a written eligibility policy and guidelines for the diversion program. The eligibility criteria and a fee schedule shall be readily available to the juvenile respondents and their parents.
No application for diversion will be made to the Court or Court Services.
The District Attorney may create a review process within or outside the Office of the District Attorney to address requests for formal review of a denial of a respondent juvenile's application for diversion.
The District Attorney, within the limitations of K.S.A. 38-1635(a) - (e), may establish and administer an immediate intervention program apart and separate from the diversion program established under this local court rule.
The fees for diversion applications, each category of diversion, and for extensions of time shall be determined by the District Attorney annually. The Office of the District Attorney and/or Court Services (upon approval by the Chief Judge), may from time to time seek additional grant funding to administer the diversion program.
The District Attorney may waive all or part of a juvenile diversion application or program fee, but may not charge less than the docket fee (plus any surcharge imposed by Supreme Court order) for any program fee, Youth Court excepted. Application, program, and program extension fees are non-refundable.
The program fee for all categories, other than Youth Court or any informal diversion or immediate intervention program offered directly by the District Attorney's Office, established under this rule shall include the docket fee (plus any surcharge imposed by Supreme Court order).
After review of offense reports, the District Attorney's Office may (a) take no action on the incident, (b) refer a juvenile to Youth Court, (c) enter an informal diversion or immediate intervention agreement with the juvenile outside the scope of this rule, (d) offer diversion under this rule prior to formal filing of a complaint, or (e) file a formal complaint to initiate a case.
The respondent may request continuance to a diversion docket for the purpose of making an application for diversion.
If diversion is granted prosecution will be stayed pending successful completion of the program requirements.
Upon failure of a respondent to perform terms of diversion, Court Services shall report the alleged failure(s) to the District Attorney's Office for review and appropriate action, if any. The District Attorney may file a motion to terminate diversion and resume prosecution. The District Attorney may file a motion to reform the diversion contract for a failed respondent, or, in the alternative, to modify the program category or level of supervision for the failed respondent.
Prior to the filing of a motion by the District Attorney alleging a failure of performance, a juvenile on diversion may submit an application to the District Attorney to modify the program conditions, increase or decrease the level of supervision, extend the time, or change the program category for his or her diversion.
Upon successful completion of diversion, the case shall be dismissed with prejudice, and, if no case was filed the juvenile shall not be held liable under the Kansas Juvenile Justice Code or the Kansas Criminal Code for the same incident(s).
The diversion program categories established under this rule will be supervised and administered by the Court Services Office in accordance with this rule. Individual eligibility of a diversion applicant for a particular program level, Youth Court, or Drug Court, as well as the individual respondent's program conditions will be determined by the District Attorney.
In negotiating with a diversion program applicant, the District Attorney's Office and respondent will agree upon the following non-exclusive program variables:
The diversion program categories will include but not be limited to the following:
YOUTH COURT
A youth accountability program for lowest grade offenders without any formal charging. Parties participating agree to have limited sanctions imposed and monitored by peers following a court-based model.
FORMAL DIVERSION
Multiple supervision levels, ranging from minimal or procedural diversion to a highest level of supervision with multiple conditions and check-ins. The lowest level of formal diversion supervision may have no requirement for face-to-face meeting with a diversion monitor, except for Group attendance, and check-in and/or verification of program activity(ies) completed by telephone, electronically, fax, or by mail. The highest level of formal diversion supervision will require more substantial monitoring and face-to-face meetings and more intensive educational, counseling or therapeutic programs. It may be negotiated based upon social issues particular to the respondent and the community safety needs recognized by the District Attorney.
DRUG COURT:
A special diversion program for higher risk first-time offenders with admitted drug problems that includes regular monitoring, treatment and face-to-face accountability meetings with a Juvenile Department Judge.
The educational, therapeutic, and counseling Groups offered by Court Services or through Court-approved private providers to be included in the applicable diversion category conditions include but are not limited to the following types of programs:
Right Choices
Fire-starters Group
Shoplifting Group
Crimes Against Persons and Property
Sex Offenders Group
Anger Management
Substance Abuse Evaluation and Treatment, Options 1, 2, 3A, or 3B
Mental Health
Boundaries
Street Law
Peer Panel
Code - J
Respondents and their parents or guardians shall be responsible for all costs and fees charged for required Group(s) as a condition of their respective diversion programs.
Extension(s) of time to complete program requirements may be requested by a diversion respondent upon application to the District Attorney's Office, and, if granted, extension(s) will require payment of a monthly program extension fee set by the District Attorney.
Restitution amounts agreed upon in diversion shall be entered as a separate agreed order of the Court and may be enforceable in a civil proceeding if not paid entirely during the period of diversion.
Kan. R. Jud. Dist. JUVENILE RULE 13