(A) The City Ordinance Violation Deferral Program ("Deferral Program") is established. Eligible individuals who violate a qualifying city ordinance may voluntarily enter the Deferral Program by written agreement with the prosecuting attorney. The Deferral Program shall provide for the following:
(1) The defendant shall voluntarily agree to the terms and conditions of the deferral agreement offered by the prosecuting attorney;
(2) The terms and conditions of the deferral agreement shall be in writing and signed by the prosecuting attorney and the defendant;
(3) The defendant shall agree to pay to the Clerk the deferral fees established by the prosecuting attorney;
(4) The defendant shall agree to pay all other applicable court fees and costs to the Clerk;
(5) The executed deferral agreement shall be filed in the City Court;
(6) Upon the defendant's successful compliance with the terms and conditions of the deferral agreement, the prosecuting attorney shall file a motion with the City Court to dismiss the pending deferred action; and
(7) The City Court shall dismiss the pending deferred action against the defendant, with prejudice, upon receipt of a motion to dismiss from the prosecuting attorney.
(B) The prosecuting attorney is hereby given full authority to administer the Deferral Program, and to draft, prepare, and execute all documents and forms necessary and desirable for the implementation of the Deferral Program. The prosecuting attorney is also authorized and directed to establish the amount of the initial Deferral Program user's fee and monthly user's fee, at a level not to exceed the amounts authorized by law. The prosecuting attorney shall also establish all eligibility and participation criteria for the Deferral Program, and take any and all other lawful actions necessary to implement this section and administer the Deferral Program.
(C) All fees from the Deferral Program shall be disbursed by the Clerk to the Controller for deposit into the city's User Fee Fund on a monthly basis.
(D) Pursuant to IC 33-37-8-4, after deposited into the city's User Fee Fund, disbursement of Deferral Program fees may be used for the following purposes:
(1) Personnel expenses related to the operation of the program;
(2) Special training for a law enforcement officer;
(3) Electronic legal research;
(4) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies;
(5) Any other purpose that benefits law enforcement and that is agreed upon by the city fiscal body and the prosecuting attorney;
(6) Any other purpose permitted by IC 33-37-8-4(b).
(E) The Controller shall certify to the City Council and prosecuting attorney an accounting of the amount of Deferral Program fees received by and deposited into the User Fee Fund during the previous month. The prosecuting attorney shall prepare and submit to the Controller claims for presentation to the City Council for the payment of invoices detailing costs and expenses incurred by the prosecuting attorney in administering the Deferral Program.
(F) Notwithstanding any other provision in this section, in the event the Deferral Program is discontinued by the city, and after all Deferral Program costs and expenses have been paid in full, the Deferral Program fees collected and on deposit in the User Fee Fund shall revert to the city's General Fund.
(Ord. 011712B, passed 2-6-12; Am. Ord. 091514A, passed 11-17-14)