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 attention
of a magistrate or the prosecuting attorney that the defendant has violated his diversion agreement
and 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 cause
to be served upon the defendant an order to show cause specifying the facts relied upon by the
prosecuting attorney or magistrate to terminate diversion and shall set a time and place for a
hearing to determine whether or not the defendant has violated his diversion agreement. If, at the
hearing, the magistrate finds the defendant has failed to comply with any terms or conditions of
the 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 any
offense that constituted a violation of any term or condition of the diversion agreement by which
the original prosecution was diverted.
Enacted by Chapter 15, 1980 General Session
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Last revised: Thursday, May 28, 2009