77-2-8 - Violation of diversion agreement -- Hearing -- Prosecution resumed.
77-2-8. Violation of diversion agreement -- Hearing -- Prosecution resumed.
If, during the course of the diversion of a defendant, information is brought to the attentionof a magistrate or the prosecuting attorney that the defendant has violated his diversion agreementand it appears in the best interests of the community to reinstate and proceed with the prosecution,the prosecuting attorney, upon court approval, or the magistrate, on his own motion, shall causeto be served upon the defendant an order to show cause specifying the facts relied upon by theprosecuting attorney or magistrate to terminate diversion and shall set a time and place for ahearing to determine whether or not the defendant has violated his diversion agreement. If, at thehearing, the magistrate finds the defendant has failed to comply with any terms or conditions ofthe diversion agreement, he may authorize the prosecuting attorney to proceed with prosecution. The prosecution of a diverted offense shall not bar any independent prosecution arising from anyoffense that constituted a violation of any term or condition of the diversion agreement by whichthe original prosecution was diverted.
Enacted by Chapter 15, 1980 General Session