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

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. Law Review and Bar Journal References: "Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W.L.J. 344, 345, 349 (1981). "The New Kansas Drunk Driving Law: A Closer Look," Matthew D. Keenan, 31 K.L.R. 409 (1983). "Kansas Diversion: Will Courts Become More Involved?" Michael Kaye, 56 J.K.B.A., No. 1, 8 (1986). "A Quantitative and Descriptive Survey of Evidence Law in the Kansas Appellate Courts," Stanley D. Davis, 37 K.L.R. 715, 748 (1989). CASE ANNOTATIONS 1. Statute, being integral part of whole subject of act (L. 1982, ch. 144), not violative of Kansas Constitution, article 2, § 16. State v. Reves, 233 Kan. 972, 975, 980, 666 P.2d 1190 (1983). 2. Objection to admissibility of statements by defendant or counsel during diversion conference not available to codefendant. State v. Wilkins, 9 Kan. App. 2d 331, 333, 676 P.2d 159 (1984). 3. Cited in holding diversion agreement in prior DUI case (K.S.A. 8-1567) considered conviction for sentence enhancement. State v. Clevenger, 235 Kan. 864, 866, 683 P.2d 1272 (1984). 4. Cited; entering into diversion agreement in lieu of criminal proceedings considered conviction for DUI sentence enhancement (K.S.A. 8-1567(i)). State v. Booze, 238 Kan. 551, 557, 558, 712 P.2d 1253 (1986). 5. Diversion agreements not prohibited from including clause providing for trial on stipulated facts in felony cases where agreement breached. In re Habeas Corpus Application of Tolle, 18 Kan. App. 2d 491, 499, 856 P.2d 944 (1993). 6. State can require in plea agreement plea to one count to receive diversion on another count. State v. Scheuerman, 22 Kan. App. 2d 208, 82 P.3d 515 (2003). 7. Provision of K.S.A. 22-2910 does not apply to statements made to law enforcement prior to complaint filing. State v. Woodward, 288 Kan. 297, 202 P.3d 15 (2009). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026