municipal prosecution;
diversion
HB 2283 allows the chief prosecutor of a city or town to establish a diversion program to provide for the dismissal of criminal complaints if the program’s requirements are successfully completed.
HB 2283 was amended in the Judiciary Committee to remove the prohibition on allowing diversion for a defendant who has previously participated in the diversion program for the same offense and to remove the provision that requires the court to approve a diversion plea agreement. The Judiciary Committee amendment was adopted in the Committee of the Whole.
Diversion programs that require criminal offenders to successfully complete counseling programs in order to have the charges against them dismissed are already in existence. Currently, a county attorney has statutory authority to divert prosecution in favor of a diversion program; however, municipal prosecutors do not have that statutory authority.
§ Allows a chief prosecuting officer of a city or town to establish a diversion program that allows for the dismissal of a criminal complaint upon successful completion of the program’s requirements.
§ Stipulates that diversion programs shall not be available for persons accused of a crime involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
§ Stipulates that the prosecutor has sole discretion to decide whether to divert prosecution before a guilty plea or trial.
§ Makes a technical correction.
HB 2283 was amended in the Judiciary
Committee as follows:
§ Removes the prohibition on allowing diversion for a defendant who has previously participated in the diversion program for the same offense.
§ Removes the provision that requires the court to approve a diversion plea agreement.
§ Makes a technical correction.
The Judiciary
Committee amendment was adopted in the Committee of the Whole.
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45th Legislature
Second Regular Session 2 April 6, 2002
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