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Immediate Intervention Program
Juvenile Diversion
I. ORGANIZATION AND GENERAL PRINCIPLES
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).
II. PROCEDURES
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).
III. PROGRAM CATEGORIES AND CONDITIONS
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:
(a) an appropriate number of community service hours,
(b) the appropriate number of monthly personal face-to-face contacts, if any, with
the diversion monitor,
(c) the appropriate educational, counseling or therapeutic Group(s) to be included
and completed,
(d) the length of the program,
(e) the appropriate victim reparation, e.g., letter of apology, restitution, work
hours,
(f) curfew hours,
(g) drug screens,
(i) any limitations upon association and/or travel, and,
(j) such other additional terms and conditions as may be agreed as appropriate for
the individual juvenile.
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.
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