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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