RULE 25 - PRETRIAL DIVERSION PROGRAM FOR ADULT OFFENDERS

(A) Pursuant to the Ohio Supreme Court Rules of Superintendence for Municipal Courts, Rule 18, and in accordance with Ohio Revised Code 2935.36, a pretrial diversion program for adult offenders is hereby established. The Court on its own motion, on the motion of the Prosecutor or at the request of a defendant, may initiate an investigation into an alleged offenders eligibility to participate in the Court's pretrial diversion program (hereinafter referred to as "PDP").

(B) The investigation of candidates for pretrial diversion shall be conducted by the Prosecutor's Office or the Court's Probation Department, with the assistance of the Prosecutor. To be eligible for the program, a defendant must meet all the following criteria:
     (1) No prior felony convictions;
     (2) No prior misdemeanor convictions within the last ten years, excluding           minor traffic offenses;
     (3) No present criminal involvement or activity other than the charges in the           current case for which Diversion is requested;
     (4) No pending criminal charge other than those for which the Diversion is           requested;
     (5) No prior participation in any "Diversion" program;
     (6) No current or previous probation status;
     (7) The charge for which Diversion is requested is not a traffic offense,           including DWUI; and
     (8) The charge is one currently considered for Diversion by the Court and           does not include serious physical harm.

C) Following completion of its investigation, the Prosecutor's Office or Court's Probation Department shall report its finding to the Judge or referee concerning the defendant's participation in the program. The recommendation shall address the following concerns, where appropriate:

     (1) Whether the offense caused or threatened serious physical harm to            persons or property;
     (2) Whether the offense was a result of circumstances unlikely to recur;
     (3) Whether the victim of the offense induced or facilitated it;
     (4) Whether there are substantial grounds tending to excuse or justify the            offense, through failing to establish a defense;
     (5) Whether the defendant acted under strong provocation;
     (6) Whether the defendant is likely to respond quickly to rehabilitative            treatment;
     (7) Whether the defendant's life-style and attitudes suggest that recidivism            is unlikely.

(D) The report shall be delivered to the Judge within fourteen (14) days of referral, unless the Court orders a greater or lesser time for such report.

(E) If the Court orders or accepts a recommendation to place a defendant in the Program, the minimum period of participation shall be ninety (90) days or as ordered by the Court. The Court may require additional conditions for participation and establish a time of participation up to the maximum time of probation that could be given for the offense charged for which Diversion is requested.

(F) The administration of this program shall be the responsibility of the Prosecutor's Office and/or Court's Probation Department in cooperation with the Clerk of Court.

(G) In order to be considered for the Program, a defendant must enter no plea. If a plea has been entered, it must be withdrawn.

(H) A release/contract drawn by the Law Department and approved in form by the Court must be signed by each participant for acceptance into the Program. The Release will include a waiver of speedy trial time, waiver of arraignment, preliminary hearing, the time period within which the Court or a grand jury may consider an indictment or arraignment, and agreement the tolling while in the program of all periods of limitations established by statute or rules of Court and such other provisions as are necessary to accomplish the objectives of the Program.

(I) All persons referred to this program will be assessed a fee of Twenty-Five ($25) Dollars which may be refunded if it is determined that the defendant is not eligible. The Court, upon motion, may waive such administrative fee for any individual defendant who is indigent and unable to pay and waive the administrative fee.

(J) The administrative fee hereunder shall be paid to the Clerk of Court who shall account for such funds and process them in accordance with the Charter of the City of Lakewood, the Codified Ordinances and any applicable provisions of state law.

(K) Each defendant accepted into this program shall sign an agreed resolution or conditions of participation in the Program. The Program shall be considered successfully completed when all those conditions contained therein are met. The case may be advanced and a capias issued in the event of failure to comply with the contract or the conditions of participation. If the defendant violates the agreement or conditions of participation, the defendant may be brought to trial upon the charges in the manner provided by law and the waiver executed pursuant to this Rule
shall be void on the date the accused is removed from the Program for the violation.

(L) If the defendant successfully completes the Program, the Prosecuting Attorney shall recommend to the Court that all charges against the defendant be dismissed, and the Court shall upon such recommendation dismiss the charges.