(1) After a complaint has been filed in the municipal court charging a defendant with commission of a public or traffic offense and prior to conviction thereof, after the city prosecutor has considered the factors listed in Municipal Code Section 9.20.025, if it appears that diversion of the defendant would be in the interests of justice and of benefit to the defendant and the community, the prosecuting attorney may offer, in his discretion, a Diversion Agreement to the defendant.

(2) The eligibility criterion and terms of each Diversion Agreement shall be established by the Olathe prosecuting attorney.

(3) The prosecuting attorney may require any defendant requesting diversion to provide information regarding prior criminal charges, education, work experience and training, family, residence in the community, medical history, including any psychiatric or psychological treatment or counseling, and other information relating to the diversion program. In all cases, the defendant shall be present and shall have the right to be represented by counsel during any diversion conference with the prosecuting attorney.

(4) As used in this Section, “complaint” includes a citation or notice to appear. (Ord. 89-151 § 10, 1990; Ord. 83-75 § 2, 1983.)