SB 398 - This act authorizes prosecuting attorneys to divert criminal cases to a prosecution diversion program. This act increases a criminal case surcharge from one dollar to five dollars which is assessed equally for prosecutor services and prosecutor training.
Under this act, a prosecuting attorney, with the agreement of the accused or defendant, may divert a criminal case to a prosecution diversion program for a period of six months to two years. Prosecuting attorneys may divert cases out of the criminal justice system when they determine utilizing a prosecution diversion programs outweighs taking immediate court action. The statute of limitations for certain offenses shall be tolled during this time period. The period of a prosecution diversion program may be extended by a prosecuting attorney for purposes detailed in the act, yet no such extension shall be for a period exceeding two years.
Any prosecuting attorney, prior to or upon issuance of an arrest warrant or information of indictment, may forgo continued prosecution if the parties agree to a prosecution diversion program. This program must be in writing and for a specified period of time. While a prosecuting attorney has the authority to develop prosecution diversion programs, this act details the minimum requirements that a diversion program must meet. Additionally, a prosecuting attorney may impose conditions on the behavior of the accused or defendant that assures the safety and well-being of the community, as well as that of the accused or defendant. These conditions may be imposed at any time of the prosecution diversion program, and may include but are not limited to, requiring the accused or defendant to remain free of any criminal behavior during the entire period of prosecution diversion program.
The responsibility and authority on whether or not to screen and divert a case are completely within the discretion of the prosecuting attorney. This responsibility and authority shall be official duties of a prosecuting attorney. The decision of a prosecuting attorney regarding the diversion of a criminal case shall not be appealable, and may not be later raised as a defense in a criminal case involving the accused or defendant.
At any time a person participating in a prosecution diversion program shall have the right to insist on criminal prosecution for the offense which he or she is accused. Also, any person participating in a prosecution diversion program may have legal counsel present at all phases the diversion proceedings, but nothing in this act shall create a right to counsel. Criminal proceedings may be re-initiated at time by a prosecuting attorney for cases that have been diverted to a prosecution diversion program.
The potential liability of any county, city, person, organization, or agency, or employee or agent thereof, involved with the supervision of activities, programs, or community service that are a part of a prosecution diversion program is limited by provisions of this act. Any person supervising or employing an accused or defendant under a prosecution diversion program shall report any violation of the terms of the prosecution diversion program to the prosecuting attorney.
Finally, this act provides once the accused or defendant completes a prosecution diversion program, to the satisfaction of the prosecuting attorney, the person shall be entitled to a dismissal or alternative disposition of charges against them. The individual shall be required to pay any associated costs prior to the dismissal of pending charges.
CHARLEY MERRIWEATHER