HB495 Summary

• Applies only to Geneva County municipalities with a municipal court, city attorney, and police department, allowing them to establish discretionary pretrial diversion programs.

• Offenders charged with criminal offenses (misdemeanors, violations, traffic offenses) may apply for the program; city attorney determines admissions with sole discretion but cannot admit offenders deemed threats to public safety or charged with violent crimes, weapons offenses, DUI with serious injury, eluding police, or public corruption offenses.

• Participating offenders must enter written agreements including waiver of speedy trial and jury trial rights, guilty plea submission, restitution agreements, and compliance with conditions such as substance abuse treatment, education, employment, curfews, drug testing, and community service.

• Application fees range from $250 (violations) to $5,000 (DUI), collected by municipal court clerk and allocated to the municipality's general fund; fees may be waived or reduced for indigent offenders at city discretion.

• Upon successful completion, charges are dismissed as agreed; upon termination or withdrawal, court imposes punishment without being bound by agreement terms, and offenders remain liable for all court costs, fees, restitution, and victim compensation regardless of program outcome.