How Much Does Diversion Cost in Kansas? A Deep Dive

The question of how much diversion costs in Kansas isn’t a simple one with a single dollar figure. It’s a nuanced inquiry that depends heavily on the type of diversion program, the county in which it’s offered, and the specific terms of the diversion agreement. However, to give you a starting point, diversion costs in Kansas can range from a few hundred dollars to several thousand dollars, encompassing fees for supervision, restitution, classes, and other associated expenses. This article will break down these costs, exploring the factors that influence them and addressing frequently asked questions to provide a comprehensive understanding.

Understanding Diversion in Kansas: A First-Timer’s Guide

Before delving into the financial aspects, let’s clarify what diversion entails. In Kansas, diversion is a pre-trial agreement between a defendant and the prosecuting attorney. Instead of proceeding to trial, the defendant agrees to certain conditions, such as community service, counseling, restitution, and remaining law-abiding. Upon successful completion of these conditions, the original charges are dismissed, leaving the defendant with no criminal record related to that specific incident. Think of it as a second chance, a way to avoid the stigma and consequences of a criminal conviction.

The availability and specific terms of diversion programs vary significantly across Kansas’s 105 counties. This local control means that the cost of diversion can fluctuate considerably, even for similar offenses. Factors like the severity of the alleged crime, the defendant’s prior record (if any), and the prosecutor’s discretion all play a role in determining both eligibility for diversion and the associated costs.

Breaking Down the Costs: What to Expect

The total cost of diversion in Kansas is rarely a single, upfront payment. It’s usually comprised of several different fees and expenses. Here’s a breakdown of the most common cost components:

Application and Program Fees

Many counties charge an application fee simply to be considered for diversion. This fee covers the administrative costs of processing the application and evaluating the defendant’s suitability for the program. Additionally, there’s often a program fee, which covers the ongoing costs of supervision and monitoring throughout the diversion period. These fees can range from a couple of hundred dollars to over a thousand, depending on the program’s complexity and the county’s policies.

Restitution

If the alleged crime resulted in damages or losses to a victim, the defendant may be required to pay restitution. This covers the victim’s financial losses, such as medical bills, property damage, or lost wages. The amount of restitution is directly related to the extent of the harm caused and is often a significant component of the total diversion cost.

Class and Counseling Fees

Many diversion programs require defendants to attend specific classes or counseling sessions. These might include anger management, substance abuse treatment, theft prevention, or parenting classes, depending on the nature of the offense. The defendant is typically responsible for paying the fees associated with these classes or counseling, which can add a substantial amount to the overall cost. For example, a court-ordered substance abuse evaluation and treatment program could easily cost several hundred to a few thousand dollars.

Supervision Fees

Throughout the diversion period, the defendant is usually supervised by a probation officer or diversion specialist. This supervision involves regular check-ins, drug testing (if applicable), and ensuring compliance with the terms of the diversion agreement. The defendant may be required to pay supervision fees to cover the costs of this monitoring.

Drug and Alcohol Testing

If the offense involves drugs or alcohol, the diversion program will likely require regular drug and alcohol testing. The defendant is typically responsible for paying for these tests, which can quickly add up over the course of the diversion period. The type and frequency of testing will vary depending on the individual case and the program’s requirements.

Other Potential Costs

Beyond the core components listed above, there may be other miscellaneous costs associated with diversion. These could include court costs, fees for background checks, or fees for specific services required as part of the diversion agreement.

Examples of Diversion Costs: A County-by-County Perspective

As mentioned earlier, diversion costs vary significantly across Kansas counties. While it’s impossible to provide an exhaustive list for all 105 counties, here are a few examples to illustrate the range of potential costs:

• Minor Traffic Offense: Diversion for a speeding ticket or other minor traffic offense might cost a few hundred dollars, primarily covering administrative fees and court costs.
• Misdemeanor Theft: Diversion for a misdemeanor theft charge could range from several hundred to over a thousand dollars, depending on the value of the stolen goods and whether restitution is required. This would likely also involve theft prevention classes.
• Drug Possession: Diversion for drug possession can be one of the more expensive options, potentially costing several thousand dollars due to the costs of drug testing, substance abuse evaluation, and treatment programs.
• Driving Under the Influence (DUI): While technically not “diversion” in Kansas, a similar outcome called a Deferred Judgment is possible, and also has associated costs. The costs would vary greatly depending on the county and prior record.

These are just illustrative examples, and the actual costs can vary widely depending on the specifics of each case and the policies of the individual county.

The Value Proposition: Is Diversion Worth the Cost?

While the cost of diversion can be significant, it’s important to weigh it against the potential costs of a criminal conviction. A criminal record can have far-reaching consequences, including difficulty finding employment, housing, and educational opportunities. It can also impact your reputation and relationships. Diversion offers the opportunity to avoid these long-term consequences by allowing you to keep your record clean.

Furthermore, successful completion of diversion can demonstrate a commitment to taking responsibility for your actions and making amends for any harm caused. This can be a valuable asset in future endeavors.

Therefore, while the financial cost of diversion should be carefully considered, it’s often a worthwhile investment in your future.

Frequently Asked Questions (FAQs) About Diversion Costs in Kansas

1. Are diversion costs refundable if I don’t complete the program?

Generally, no, diversion costs are not refundable if you fail to complete the program. If you violate the terms of the diversion agreement, the original charges will be reinstated, and you will likely forfeit any fees already paid.

2. Can I get financial assistance to cover diversion costs?

In some limited cases, financial assistance may be available to help cover diversion costs. This may involve payment plans, reduced fees, or access to community resources. You should inquire with the diversion officer or prosecuting attorney about potential options.

3. What happens if I can’t afford to pay the diversion costs?

If you are unable to afford the diversion costs, you should inform the diversion officer or prosecuting attorney as soon as possible. They may be willing to work with you to develop a payment plan or explore alternative options. Failure to pay the costs without communicating with the authorities could result in the termination of the diversion agreement.

4. Is the cost of diversion negotiable?

In some cases, the cost of diversion may be negotiable, particularly if you can demonstrate a genuine financial hardship. You should discuss this possibility with your attorney and the prosecuting attorney.

5. Does diversion affect my driving record?

Whether diversion affects your driving record depends on the nature of the offense. For traffic offenses, successful completion of diversion may prevent points from being added to your driving record. However, for more serious offenses, even if the charges are dismissed, there may still be an administrative record maintained by the Department of Revenue. Consult with an attorney for clarification.

6. Can I expunge the record of my arrest if I successfully complete diversion?

While diversion results in the dismissal of the charges, the arrest record itself may still exist. In some cases, it may be possible to expunge the arrest record after a certain period of time has elapsed. The specific requirements for expungement vary depending on the type of offense and the county.

7. How long does a diversion program typically last?

The duration of a diversion program varies depending on the offense and the specific terms of the agreement. It can range from a few months to a year or more.

8. Who decides whether I am eligible for diversion?

The decision of whether to offer diversion is typically made by the prosecuting attorney, based on factors such as the severity of the offense, the defendant’s prior record, and the circumstances of the case.

9. Do I need an attorney to apply for diversion?

While you are not required to have an attorney to apply for diversion, it is highly recommended. An attorney can advise you on your rights, negotiate the terms of the diversion agreement, and represent your interests throughout the process.

10. What are the consequences of violating a diversion agreement?

Violating a diversion agreement can have serious consequences. The original charges will be reinstated, and you will likely face prosecution on those charges. You may also forfeit any fees already paid.

11. Are there different types of diversion programs in Kansas?

Yes, there are different types of diversion programs in Kansas, tailored to specific types of offenses. These may include programs for first-time offenders, drug offenders, or offenders with mental health issues.

12. Where can I find more information about diversion programs in my county?

You can find more information about diversion programs in your county by contacting the prosecuting attorney’s office, the court clerk, or a local attorney.