Sep 14, 2023

District Attorney explains new diversion program plans

Posted Sep 14, 2023 1:15 PM
Stanton 09-13-2023
Stanton 09-13-2023

NICK GOSNELL
Hutch Post

HUTCHINSON, Kan. — Reno County District Attorney Tom Stanton spoke to the Board of County Commissioners on Wednesday about his efforts to start a first time felony drug diversion program. He hopes to have that going by the first of the year.

"This is a great program," Stanton said. "It's a statutory program. Unfortunately, as we've talked about, even here today, the statutes sometimes allow things, but do not fund them. I have submitted some legislation to the leaders of the House and the Senate that would do two things. The first would allow a successful diversion to be included in the Community Corrections funding formula. The funding formula for community corrections is based on successful supervisions. All of these cases that we're talking about would otherwise, if they were convicted, otherwise be supervised by community corrections. What this effectively does is take these cases out of that funding formula. I think it might hurt community corrections across the state. There may be some community corrections offices that are reticent to enter into these types of agreements for that reason."

The other point of the legislation is to allow Department of Corrections funds to be used for the diversion program.

"It doesn't make any sense to say, you would otherwise be supervising these people, but we're not going to allow any use of DOC funds," Stanton said. "It doesn't mean that I can't go forward, even if that doesn't pass. The agreement that we're going to sign for this diversion program would require the participants to have an initial diversion fee which would go to my office like all other diversions, but there's an additional $500 fee that would go straight into the general fund and be earmarked for use by community corrections to supervise these individuals. I asked Mr. Regehr to give me an idea what it would cost to supervise these people. He came up with a figure that is approximately $986 per person, based on a 50 person caseload. That included things like costs for internet and rent. I understand his reasons for doing it, but those aren't costs directly related to this program. What I've tried to do is figure out a way to help supplement that, so I am in the process of filing an application, I think you heard a couple of weeks ago from the Health Department, about the opioid litigation funds that are going to be available to the county? I have filed for  a $25,000 grant that would actually, without my legislation passing, that would fund this program. It's an ongoing funding source. It wouldn't be something that goes to the county anytime soon."

Commission Chair Daniel Friesen expressed his support for the legislative efforts Stanton is making.

"I think I can speak for all of us," Friesen said. "We would be happy to support, if it's via a letter or even driving up to Topeka to testify, if your bills do get some floor time with the legislature this winter. I know I'd be happy to go say a few words and we'd be happy to write a letter."

Stanton said he would keep that in mind if the legislation gets a hearing.

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