This section requires the prosecutor, offender, and court to take specific steps when a person enters a pretrial diversion program, including submitting the agreement, entering a guilty plea, deferring punishment, and paying court-related amounts unless a waiver is expressly agreed to and supported by an ability-to-pay finding.
(a) Upon acceptance of an offender into the pretrial diversion program by the city prosecutor, the city prosecutor and the offender shall submit the written application of the offender, the acceptance of the offender by the city prosecutor, and the agreement between the city prosecutor and the offender to the municipal court judge presiding over the affected case of the offender for approval. The offender shall also enter a plea of guilty to the charge or charges involved. If the municipal court judge rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall still be liable for any actual expenses already incurred by the city prosecutor or any agency or service provider in furtherance of the application and evaluation process and the same shall be deducted from any money so refunded to the offender. (b) Upon approval of the agreement and acceptance of the guilty plea, the court shall expressly retain jurisdiction of the case, any other provision of law notwithstanding, and may withdraw and file the case or otherwise place it on an administrative docket until such time as the court has been notified that the offender has fulfilled the terms of the agreement, has been terminated from the program, or has otherwise withdrawn from the program. Imposition of punishment by the court shall be deferred until the offender has successfully completed the program or is terminated from the program. (c) In the event the offender is terminated from the program, the municipal court judge shall impose appropriate punishment in the same manner as with any plea of guilty or finding of guilty and shall not be bound by the terms of agreement as to what punishment to impose. (d) Upon successful completion of the program by the offender, the city prosecutor shall notify the municipal court judge in writing of that fact together with a request that the court enter an order of disposition of the case pursuant to the agreement between the offender and the city prosecutor. (e) Regardless of whether the offender successfully completes the program or withdraws from or is terminated from the program, the offender shall still be liable for and required to pay any and all court costs and fees, restitution, victim’s compensation fund assessment, and any and all other fees and assessments, in the same manner as if the offender had not applied for entry into the program and had been found guilty of the offense or offenses involved. No costs, fees, restitution, or assessments shall be waived or remitted, absent an express agreement to that effect between the city prosecutor and the offender, without a finding by the municipal court judge that the offender does not have the reasonable ability to pay the same within the reasonably foreseeable future.