Ordinance 3266-12 - Laserfiche WebLink

B. The Municipal Court shall have continuing jurisdiction and authority during the period of the Court-Monitored Deferral. Section 5: Monitoring—Hearing on Violation- Compliance A. Monitoring 1. Following entry of a Court-Monitored Deferral, the Judge will refer the matter to the Court Probation Department ("Probation"), which will monitor the defendant's compliance with all conditions of the Deferral. 2. Probation will report to the Judge on compliance. In the event that a term or condition of a Court-Monitored Deferral appears to have been violated the Judge may decide to set a hearing for review of and possible revocation of the Deferral. If the Judge does set a hearing, Probation shall provide written notice of the apparent violation to the parties in advance of the hearing. 3. Nothing in this subsection affects the Court's discretion to set compliance review hearings during the pendency of the Court-Monitored Deferral. B. Hearing 1. If a hearing is set,the parties will be notified of the alleged violation and hearing date. 2. At the hearing, evidence shall be taken of the defendant's alleged violation and the defendant shall have the right to present evidence showing that there was no violation. 3. If the Judge finds by a preponderance of the evidence that the defendant willfully violated the Court-Monitored Deferral, the matter shall proceed to stipulated trial as set forth in subsection B.4 of this section. 4. At any stipulated trial following revocation of a Court-Monitored Deferral,the Judge will read and review the factual record in determining the defendant's guilt of the offense(s) and, based only upon the factual record, the Judge will decide whether or not the defendant is guilty of the offense(s). 5. Following imposition of a finding of guilt, the matter may proceed immediately to sentencing or sentencing may be continued. C. Upon the expiration of the period of the Court-Monitored Deferral, if the defendant has complied with all terms and conditions required of him/her as set forth in the petition, the Judge shall have the authority to dismiss the charge(s) with prejudice or amend the charge following motion of the prosecutor in accordance with his/her agreement in the petition. Section 6: General duty. It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision nor any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents. 4