(a) The prosecutor for the City may establish a pretrial diversion program for any person accused of committing a criminal offense in the City.
(b) The prosecutor may require, as a condition of an accused's participation in the program, any or all of the following:
(1) That the accused pays a civil fine of up to the maximum amount of the criminal fine that would have been applicable to the level of offense upon criminal conviction of the offense.
(2) That the accused reimburses the City for the estimated cost of the police hours dedicated to investigating the crime for which the applicant has been or may be charged, and the estimated cost of police hours dedicated to processing the applicant's arrest.
(3) That the accused releases to the City ownership of evidence seized by City employees or agents as part of its investigation.
(4) That the accused complete a determined number of community service hours.
(5) That the accused completes mental health, drug or alcohol abuse or dependency assessment.
(6) That the accused participates in and complete remedial and/or education classes or programs.
(7) That the accused pays all costs of the case, including, but not limited to, court costs and supervision fees.
(8) That the accused remains law abiding in all respects.
(9) That the accused refrains from specified activities, such as the consumption of alcohol, driving, interaction with children or specified individuals, or any other appropriately identified activity or behavior that is a contributing factor to the crime under which the applicant has been or could be charged.
(10) That the accused waives, in writing and contingent upon the applicant's successful completion of the program, the applicant's right to a speedy trial, and agrees to the tolling of all periods of limitations.
(c) The trial court, upon an application of the prosecuting attorney, shall order the release from confinement of any accused who has agreed to enter a pre-trial diversion program and shall discharge and release any existing bail and release any sureties on recognizances and shall release the accused on a recognizance bond conditioned upon the accused's compliance with the terms of the diversion program.
(d) The prosecuting attorney shall make reasonable efforts to notify every victim of the crime of the prosecuting attorney's intent to permit the accused to enter a pretrial diversion program.
(e) If the accused successfully completes the pretrial diversion program, the prosecutor shall request the court of record to dismiss the charge(s) filed against the accused, and the court, upon the recommendation of the prosecutor, shall dismiss the charge(s). If the accused violates the conditions of the agreement pursuant to which the accused has been released, the accused may be brought to trial upon the charges in the manner provided by law, and the waiver executed pursuant to division (b)(10) of this section shall be void on the date the accused is removed from the program for the violation.
(f) If an accused has paid a fine pursuant to the program, but is removed from the program for failure to complete other terms, the court may apply a credit in the same amount to any criminal fines ordered by the Court upon conviction of the crime.
(Ord. 3088. Passed 9-24-12.)