18-1.3-101. Deferred prosecution.
(1) Except as otherwise provided in section 18-6-801 (4), in any case,
the court may, prior to trial or entry of a plea of guilty and with the
consent of the defendant and the prosecution, order the prosecution of
the offense to be deferred for a period not to exceed two years; except
that the period of deferred prosecution may be extended for an
additional time up to one hundred eighty days if the failure to pay the
amounts specified in subsection (2) of this section is the sole
condition of supervision which has not been fulfilled, because of
inability to pay, and the defendant has shown a future ability to pay.
During that time, the court may place the defendant under the
supervision of the probation department and may require the defendant to
undergo counseling or treatment for the defendant's mental condition, or
for alcohol or drug abuse, or for both such conditions.
(2) Upon the defendant's satisfactory completion of and discharge from
supervision, the charge against the defendant shall be dismissed with
prejudice. If the conditions of supervision are violated, the defendant
shall be tried for the offense for which he or she is charged. The
violation of conditions of supervision shall be determined by a hearing
before the court which granted the deferred prosecution. The burden in
such hearing shall be upon the district attorney by a preponderance of
the evidence to show that a violation has in fact occurred. However, if
the alleged violation is the failure to pay court-ordered compensation
to appointed counsel, probation fees, court costs, restitution, or
reparations, evidence of the failure to pay shall constitute prima facie
evidence of a violation. The presiding judge at the hearing may temper
the rules of evidence in the exercise of sound judicial discretion.
(3) Upon consenting to a deferred prosecution as provided in this
section, the defendant shall execute a written waiver of his or her
right to a speedy trial. Consent to a deferred prosecution under this
section shall not be construed as an admission of guilt, nor shall such
consent be admitted in evidence in a trial for the offense for which he
or she is charged.
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