(a) The prosecuting attorney in Mayors Court may establish pre-trial diversion programs for adults who are accused of committing offenses under the ordinances of the Village of Lowellville Ohio dealing with income tax; sewer; planning and zoning and unlicensed drivers. The prosecuting attorney may require, as a condition of an accused’s participation in the program, the accused to pay a reasonable fee for supervision services that include, but are not limited to, monitoring and drug testing. The programs shall be operated pursuant to written standards approved by journal entry by the Mayor presiding in the Mayors Court.
(b) An accused who enters a diversion program shall do all of the following:
(1) Waive, in writing the accused’s right to a speedy trial, and enter a plea of guilty to the charge(s) sentencing on the same being held in abeyance until such time as contemplated in subsection (c) below;
(2) Agree, in writing, to the tolling while in the program of all periods of limitation established by statues or rules of court, that are applicable to the offense with which the accused is charged and to the conditions of the diversion program established by the prosecuting attorney;
(3) Agree, in writing, to pay any reasonable fee for supervision services established by the prosecuting attorney and all court costs.
(c) If the accused satisfactorily completes the diversion program, the prosecuting attorney shall recommend to the trial court that the charges against the accused be dismissed, and the court, upon the recommendation of the prosecuting attorney, shall dismiss the charges at the accused costs. If the accused violates the conditions of the agreement pursuant to which the accused has been released, the court may sentence the accused immediately upon the charges in the manner provided by law. (Ord. 3305. Passed 8-9-06.)