12-4417.
Same; condition diversion on plea prohibited; nonadmissible evidence.
No defendant shall be required to enter any plea to a criminal charge as a condition for diversion. No statements made by the defendant or counsel in any diversion conference or in any other discussion of a proposed diversion agreement shall be admissible as evidence in criminal proceedings on crimes charged or facts alleged in the complaint.
History:
L. 1982, ch. 144, § 16; July 1.
Notes of Decisions
State v. Chamberlain, 120 P.3d 319 (Kan. 2005).
“A diversion agreement is “the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against him or her dismissed.” K.S.A. 22-2906(4); see K.”
State v. Reves, 666 P.2d 1190 (Kan. 1983).
“Section 16 (now K.S.A. 12-4417) prohibits a guilty plea as a condition of diversion and renders evidence of a proposed agreement inadmissible in a prosecution of the charges.”
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