Current through August 26, 2024
(1) A participant
shall be discharged from the program when any of the following occurs:
(a) The participant has successfully
completed the program.
(b) The
participant is terminated from the program by the court, the department of
corrections, or the district attorney, according to whether program
participation is a pretrial, postconviction, or deferred prosecution condition,
due to the participant's violation of program requirements.
(c) The participant is administratively
discharged from the program because the court, the department of corrections,
or the district attorney, according to whether program participation is a
pretrial, postconviction, or deferred prosecution condition, has determined
that the participant is no longer required to participate in the program or the
participant is unable to continue program participation.
(2) A participant completes the program when
he or she has complied with the program requirements for the duration specified
in the participation agreement and:
(a) If in
the program as a condition of bond or other pretrial release, there has been a
final disposition of the criminal charge, including acquittal or conviction and
imposition of sentence.
(b) If in
the program on a deferred prosecution agreement, the participant has met the
requirements of the deferred prosecution agreement and there has been a final
disposition of the criminal charge.
(c) If in the program as a condition of
probation, parole, or extended supervision, the participant has served the time
and satisfied the conditions set by the court in the order of probation,
parole, or extended supervision.
(3) When a participant is discharged from the
program, the court, department of corrections, or district attorney, according
to whether program participation is a pretrial, postconviction, or deferred
prosecution condition, shall inform the agency.
(4) The agency shall enter the participant's
discharge from the program into the data collection system upon notification
that the participant has completed the program, has been terminated from the
program, or has been administratively discharged.
