Wichita Bail Bonds Blog

Drug diversion in Kansas is not a criminal sentence but an alternative program that allows certain first-time or low-level offenders to avoid a felony conviction. Instead of serving jail time, participants complete court-ordered requirements such as counseling, treatment, and community service. If all terms are met, the original charge is dismissed, and no conviction appears on the person’s record.

Understanding Drug Diversion In Kansas

Drug diversion programs are designed to help individuals recover rather than punish them. The goal is to provide education, treatment, and accountability for those charged with minor drug possession or paraphernalia offenses. Diversion is offered before a conviction is entered, giving defendants a second chance while saving court and jail resources.

Eligibility For Drug Diversion

Not everyone qualifies for diversion. Eligibility depends on the defendant’s criminal record and the type of drug offense.

• First-time drug possession offenders.
• Individuals charged with misdemeanor or low-level felony drug offenses.
• Defendants who admit responsibility and agree to complete treatment.
• Cases where no violence or weapons were involved.

Defendants with prior felony convictions, serious trafficking charges, or probation violations are usually not eligible.

Conditions Of A Diversion Agreement

When a defendant enters a diversion program, they must sign a written agreement outlining all conditions.

• Completing drug and alcohol education or treatment programs.
• Submitting to random drug testing.
• Paying court costs, diversion fees, and supervision expenses.
• Performing community service hours.
• Avoiding new criminal charges during the diversion period.

The diversion period lasts six to twelve months, depending on the court’s discretion and the nature of the offense.

Outcome Of Successful Completion

If the defendant completes all diversion requirements, the case is dismissed, and no conviction is entered on their record. This outcome allows the person to move forward without a criminal history, which can improve future employment, housing, and education opportunities. The arrest may still appear on background checks unless formally expunged later.

What Happens If You Violate Diversion Terms

If the defendant fails to meet any condition of the diversion program, the prosecutor can revoke the agreement and reinstate the original criminal charge. This means the case proceeds as if no diversion had been granted, and the defendant may face full penalties for the offense. Violations commonly include missing treatment sessions, failing drug tests, or getting arrested again.

Penalties After Diversion Revocation

When diversion is revoked, sentencing depends on the underlying charge.

• First-time possession – Can lead to up to one year in jail and fines up to $2,500 for misdemeanors, or probation for low-level felonies.
• Distribution or intent to distribute – Can result in many years in prison, depending on the amount and the severity level.

Drug diversion in Kansas provides eligible defendants a chance to avoid a criminal record by completing treatment and education requirements. While it’s not a sentence, failure to comply can lead to reinstatement of charges and traditional sentencing for the original drug offense.