(a) The attorney for the government and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the attorney for the government will move for dismissal of other charges, or will recommend or not oppose the imposition of a particular sentence, or will do both. The court shall not participate in any such discussions.
COL 2026-04-23
(b) If a plea agreement has been reached by the parties which contemplates entry of a plea of guilty or nolo contendere in the expectation that a specified sentence will be imposed or that other charges before the court will be dismissed, the court shall require the disclosure of the agreement in open court at the time the plea is offered. Thereupon the court may accept or reject the agreement, or may defer its decision as to acceptance or rejection until there has been an opportunity to consider the presentence report. No plea agreement shall be accepted by the court unless the agreement includes a certification by a victim advocate of the Office of the Attorney General’s Crime Victim’s Response Unit or a prosecutor assigned to the case, affirming one of the following: (1) the victim has been notified of the terms of the plea agreement and has indicated agreement; or (2) the victim has been notified of the terms of the plea agreement and has indicated disagreement; or (3) reasonable and documented attempts were made to notify the victim of the terms of the plea agreement, but the victim did not respond; or (4) reasonable and documented attempts were made to notify the victim of the terms of the plea agreement, but the victim could not be located. Such certification shall be attached to the plea agreement submitted to the court, and the court shall not accept any plea agreement lacking such certification. (c) If the court accepts the plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement or another disposition more favorable to the defendant than that provided for in the plea agreement. (d) If the court rejects the plea agreement, the court shall inform the parties of this fact, advise the defendant personally in open court that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, and advise the defendant that if he persists in his guilty plea or plea of nolo contendere the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement. (e) Except for good cause shown, notification to the court of the existence of a plea agreement shall be given at the arraignment or at such other time, prior to trial, as may be fixed by the court. (f) Evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. SOURCE: Subsection (b) amended by P.L. 38-051:1 (Aug. 18, 2025), P.L. 38-060:XII:40 (Sept. 29, 2025). NOTE: Section 60.80 is new. It is based on proposed Rule 11(e) of the Federal Rules of Criminal Procedure and Standards 1.5, 2.2, 3.3 and 3.4 set forth in ABA, Project on Minimum Standards for Criminal Justice Pleas of Guilty (Approved draft 1968). See generally 8 Moore, Federal Practice ¶11.05 (1974).