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Kansas Statutes Annotated

K.S.A. § 22-2906 (2026)

Definitions

✓ current as of May 2026
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22-2906. Definitions. As used in K.S.A. 22-2907 through 22-2911, and amendments thereto:

(a) "District attorney" means district attorney, county attorney or attorney general.

(b) "Complaint" means complaint, indictment or information.

(c) "Diversion" means referral of a defendant in a criminal case to a supervised performance program prior to adjudication.

(d) "Diversion agreement" means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against him or her dismissed.

History: L. 1978, ch. 131, § 1; L. 2019, ch. 59, § 3; July 1.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1980–2026 · leading case: State v. Chamberlain, 120 P.3d 319 (Kan. 2005).
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State v. Chamberlain, 120 P.3d 319 (Kan. 2005). · cites it 2× “3d 167 (2001); see K.S.A. 22-2906(3) and (4); K.S.A. 12-4413(c) and (d).”
State v. Greenlee, 620 P.2d 1132 (Kan. 1980). “K.S.A. 1979 Supp. 22-2906 et seq. Associate Judge Elliott Fry heard defendant’s pretrial motions and held K.”
State v. Compton, 664 P.2d 1370 (Kan. 1983). “For the purpose of this subsection, entering into a diversion agreement pursuant to K.S.A. 22-2906 et seq. shall not constitute plea bargaining.”
State v. MacIas, 39 P.3d 85 (Kan. Ct. App. 2002). “” K.S.A. 22-2906(4). A defendant is not required to enter a plea to the criminal charge as a condition for diversion.”
State v. Hodgden, 25 P.3d 138 (Kan. Ct. App. 2001). “” K.S.A. 22-2906(4). After charges have been filed, but before a conviction, if it appears to the county or district attorney that a diversion would be in the interests of justice and of benefit to the defendant and the community, the county or district attorney may propose a…”
State v. Booze, 712 P.2d 1253 (Kan. 1986). “Also, the language beginning “in lieu of’ was lifted directly from the diversion statutes (K.S.A. 22-2906 et seq.). For instance, K.”
In re a Writ of Habeas Corpus of Tolle, 856 P.2d 944 (Kan. Ct. App. 1993). “The statutes in this state pertaining to diversion agreements may be found at K.S.A. 22-2906 through 22-2912. We note that prior to statutory authorization in 1977, diversion was already “in existence in a number of counties.”
State v. Biarda, 7 P.3d 317 (Kan. Ct. App. 2000). “See K.S.A. 22-2906. Whether a continuance to pur *572 sue a diversion is attributable to the defense for speedy trial purposes appears to be a matter of first impression in Kansas.”
State v. Bishop, 240 P.3d 614 (Kan. Ct. App. 2010). “” K.S.A. 22-2906(4). The agreement is essentially a contract between the State (or city) and a defendant, and our courts have generally applied contract principles when interpreting the provisions or legal effect of a diversion agreement.”
State v. Tims, 317 P.3d 115 (Kan. Ct. App. 2014). “; K.S.A. 22-2906 el seq. Tims argues his uncounseled DUI diversion is akin to a suspended sentence or probation as contemplated in Shelton and Youngblood .”
State v. Delaney (Kan. Ct. App. 2026). · cites it 2× “See K.S.A. 22-2906 through K.S.A. 22-2912; In re Habeas Corpus Application of Tolle, 18 Kan.”
State v. Emerson, 882 P.2d 1009 (Kan. Ct. App. 1994). “) K.S.A. 22-2906(3). Significantly, Emerson does not even suggest that he could have met the requirements for diversion.”
— K.S.A. § 22-2906(3) — 2 cases
State v. Chamberlain, 120 P.3d 319 (Kan. 2005). “3d 167 (2001); see K.S.A. 22-2906(3) and (4); K.S.A. 12-4413(c) and (d).”
State v. Emerson, 882 P.2d 1009 (Kan. Ct. App. 1994). “) K.S.A. 22-2906(3). Significantly, Emerson does not even suggest that he could have met the requirements for diversion.”
— K.S.A. § 22-2906(4) — 4 cases
State v. Chamberlain, 120 P.3d 319 (Kan. 2005). “3d 167 (2001); see K.S.A. 22-2906(3) and (4); K.S.A. 12-4413(c) and (d).”
State v. MacIas, 39 P.3d 85 (Kan. Ct. App. 2002). “” K.S.A. 22-2906(4). A defendant is not required to enter a plea to the criminal charge as a condition for diversion.”
State v. Hodgden, 25 P.3d 138 (Kan. Ct. App. 2001). “” K.S.A. 22-2906(4). After charges have been filed, but before a conviction, if it appears to the county or district attorney that a diversion would be in the interests of justice and of benefit to the defendant and the community, the county or district attorney may propose a…”
State v. Bishop, 240 P.3d 614 (Kan. Ct. App. 2010). “” K.S.A. 22-2906(4). The agreement is essentially a contract between the State (or city) and a defendant, and our courts have generally applied contract principles when interpreting the provisions or legal effect of a diversion agreement.”
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