§ 1.06.020. Deferred judgment—Agreements, time limits.

(a)

There shall be a deferred judgment program made available to defendants charged with crimes involving domestic violence or certain other crimes which, in the discretion of the city attorney, are eligible for such treatment.

(b)

In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the city attorney, to continue the case for a period not to exceed eighteen months from the date of entry of such plea for the purpose of entering judgment and sentence upon such plea of guilty; except that such eighteen-month period may be extended for an additional one hundred eighty days if the failure to pay restitution is the sole condition of supervision which has not been fulfilled, because of inability to pay. During such time that judgment is deferred and sentencing is suspended, the court shall place the defendant under the supervision of the division coordinator in the office of the city prosecutor.

(c)

Prior to entry of a plea of guilty to be followed by deferred judgment and sentence, the city attorney is authorized to enter into a written agreement to be signed by the defendant, his or her attorney of record, and the city attorney under which the defendant obligates himself or herself to adhere to the conditions of the agreement. The deferred judgment agreement shall provide that if the defendant fulfills the obligations of the program described therein, as determined by the city attorney, the city attorney shall act to have the plea of guilty previously entered withdrawn and the criminal charges against the defendant dismissed with prejudice.

(Ord. No. 40-821 § 2)