Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters.

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22-2910. Conditioning diversion on plea prohibited; inadmissibility of agreement; other matters.
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. Except for sentencing proceedings and as otherwise provided in K.S.A. 22-2909(c), and amendments thereto, and as otherwise provided in K.S.A. 8-285 and 8-1567, and amendments thereto, the following shall not be admissible as evidence in criminal proceedings which are resumed under K.S.A. 22-2911: (1) Participation in a diversion program; (2) the facts of such participation; or (3) the diversion agreement entered into.

History: L. 1978, ch. 131, § 5; L. 1982, ch. 144, § 8; L. 2012, ch. 172, § 34; L. 2018, ch. 106, § 30; July 1.


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