The pretrial diversion program shall provide the following:
(A) A maximum time limit for any defendant's participation in a diversion program, beyond which no defendant shall be required or permitted to participate. (This period shall be sufficient enough to effect a change in the participants to deter them from criminal activity, but not so long as to prejudice the prosecution of defense of the case should the participant be returned to the ordinary course of prosecution.)
(B) After the plan is completed, the defendant may review the plan with his or her counsel present, including the average program duration and the possible outcome prior to making the decision to enter into the diversion program.
(C) Upon completion of the program, the diverted case will be dismissed or, if it has not been filed at that point, the diverted case will not be filed.
(D) A provision of the plan will be that the participants shall be able to withdraw at any time before the program is completed and be remanded to the court process without prejudice to them during the ordinary course of prosecution.
(E) No enrollment under this plan shall be conditioned on a plea of guilty. This plan must take place prior to a plea of guilty being entered by the applicant.
(F) Any person convicted of a violation of city ordinance of a criminal nature other than a minor traffic violation shall be notified of the availability of the pretrial diversion plan by the arresting officer and the time limits prescribed by those who wish to enter into the program.
(Ord. 2011-O-015, passed 7-11-11)