A. A diversion agreement shall provide that if the defendant fulfills the obligations of the program described therein, as determined by the city attorney, the city attorney shall act to have the criminal charges against the defendant dismissed with prejudice. The diversion agreement shall include specifically the waiver of all rights under the law or the constitution of Kansas or of the United States to a speedy arraignment, preliminary examinations and hearings, and a speedy trial, and the right to a trial by jury. The diversion agreement may include, but is not limited to, provisions concerning payment of restitution, including court costs and diversion costs, residence in a specified facility, maintenance and gainful employment, and participation in programs offering medical, educational, vocational, social and psychological services, corrective and preventative guidance and other rehabilitative services. The diversion agreement shall state:

1. The defendant's full name;

2. The defendant's full name at the time the complaint was filed, if different from the defendant's current name;

3. The defendant's sex, race and date of birth;

4. The crime with which the defendant is charged;

5. The date the complaint was filed; and

6. The municipal court with which the agreement is filed.

B. If a diversion agreement is entered into in lieu of further criminal proceedings on a complaint alleging an alcohol-related offense, the diversion agreement shall include a stipulation, agreed to by the defendant and the city attorney, of the facts upon which the charge is based and a provision that if the defendant fails to fulfill the terms of the specific diversion agreement and the criminal proceedings on the complaint are resumed, the proceedings, including any proceedings on appeal, shall be conducted on the record of the stipulation of facts relating to the complaint. In addition, the agreement shall include a requirement that the defendant:

1. Pay the minimum fine equal to that required by KSA 8-1567 and amendments thereto for a first offense or, in lieu of payment of the fine, perform community service specified by the agreement, consonant with KSA 8-1567 and amendments thereto; and

2. Enroll in and successfully complete an alcohol and drug safety action program as provided in KSA 8-1008 and amendments thereto, or both such education and treatment programs, as specified by the agreement, and pay the assessment required by KSA 8-1008 and amendments thereto.

C. If the city attorney elects to offer diversion in lieu of further criminal proceedings on the complaint and the defendant agrees to all of the terms of the proposed agreement, the diversion agreement shall be filed with the municipal court and the municipal court shall stay further proceedings on the complaint. If the defendant declines to accept diversion, the municipal court shall resume the criminal proceedings on the complaint.

D. The city attorney shall forward to the division of vehicles of the state Department of Revenue a copy of the diversion agreement at the time such agreement is filed with the municipal court. The copy of the agreement is filed with the municipal court. The copy of the agreement shall be made available upon request to any county, district or city attorney or court. (Prior code § 4-905)