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(a) In determining whether diversion of a defendant is in the interests of justice and of benefit to the defendant and the community, the City Attorney shall consider at least the following factors among all factors considered:

(1) The nature of the crime charged and the circumstances surrounding it;

(2) Any special characteristics or circumstances of the defendant;

(3) Whether the defendant is a first-time offender of an alcohol-related offense and if the defendant has previously participated in diversion, according to the certification of the Division of Vehicles of the State Department of Revenue;

(4) Whether there is a probability that the defendant will cooperate with and benefit from diversion;

(5) Whether the available diversion program is appropriate to the needs of the defendant;

(6) The impact of the diversion of the defendant upon the community;

(7) Recommendations, if any, of the involved law enforcement agency;

(8) Recommendations, if any, of the victim;

(9) Provisions for restitution; and

(10) Any mitigating circumstances.

(b) The City Attorney shall not enter into a diversion agreement in lieu of further criminal proceedings on a complaint alleging an alcohol-related offense if the defendant:

(1) Has previously participated in diversion of an alcohol-related offense;

(2) Has previously been convicted of or pleaded nolo contendere to an alcohol-related offense in this State or has previously been convicted of or pleaded nolo contendere to a violation of K.S.A. 8-1567 and amendments thereto or of a law of another state, or of a political subdivision thereof, which prohibits the acts prohibited by that statute; or

(3) During the time of the alleged alcohol-related offense was involved in a motor vehicle accident or collision resulting in personal injury or death. (Ord. 20206 § 9, 9-10-19; Ord. 17666 § 51, 3-27-01. Code 1995 § 50-86. Formerly 2.110.490.)

Cross References:City Attorney, TMC 2.20.070; Police Department, TMC 2.20.090.

State Law References:Similar State statute, K.S.A. 12-4415.