Deferred Guilty Plea Hearing

(a) Upon noticed motion, the court shall hold a hearing and, after consideration of any and all information the court believes to be relevant to its decision, the court shall determine if the defendant consents to further proceedings under this § 30.80.2 and waives his or her right to a speedy trial, and if the defendant should be allowed to enter a deferred guilty plea in the criminal proceedings and referred for education, counseling and/or treatment program(s) directed specifically to the violent conduct of the defendant. The court, in determining the defendant’s eligibility for a deferred guilty plea, shall consider the nature and extent of the injury inflicted upon the victim, any prior incidents of family violence by the defendant, and any factors which would adversely influence the likelihood of successful completion of the deferred guilty plea agreement. If the court does not deem the defendant a person who would be benefited by a deferred guilty plea, or if the defendant does not consent to participate, the criminal proceedings shall continue as in any other case. If the court accepts the deferred plea agreement, the court shall make inquiry into the financial condition of the defendant and upon a finding that the defendant is able in whole or part to pay the expense of such counseling the court may order him or her to pay for all or part of such expense. Nothing in this Subsection shall prohibit the placement of a defendant in another appropriate counseling program if the court determines that there is no available education and/or treatment program. (b) At such time that the defendant’s plea in a case is deferred, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of him or her shall be exonerated, and the court shall enter an order so directing. (c) The period during which further criminal proceedings against a person may be deferred pursuant to this Section shall be no less than one (1) year, and no more than three (3) years. (d) The court shall set forth in writing or state on the record its reason for granting or denying a deferred plea agreement. The court’s decision in such a matter shall be final and shall not constitute an appealable order. SOURCE: Added by P.L. 22-160:2 (Dec. 30, 1994). Repealed and reenacted by P.L. 31-109:3 (Sept. 30, 2011) effective 180 days from date of enactment, pursuant to P.L. 31-109:4.