HB 13-1156 Summary

• Establishes a comprehensive pretrial diversion program allowing district attorneys to suspend prosecution for up to two years for defendants with sufficient admissible evidence of a crime, with possible one-year extension for restitution-only violations.

• Requires district attorneys using state funds to adopt eligibility policies considering crime nature, defendant characteristics, rehabilitation potential, and public interest, while prohibiting diversion for certain sexual offenses and mandatory restrictions for domestic violence cases.

• Mandates diversion agreements include waivers of speedy trial rights, conditions prohibiting new criminal offenses, and provisions for restitution, supervision fees, and restorative justice; successful completion results in charges dismissed with prejudice and record sealing eligibility.

• Establishes a Diversion Funding Committee composed of the Attorney General, state public defender, district attorney representatives, and court administrator to develop funding guidelines, review applications, and approve district attorney requests for program implementation.

• Appropriates $425,000 and 0.5 FTE for fiscal year 2013-2014 to the judicial department, with $390,223 allocated to district attorney adult pretrial diversion programs.