Laserfiche WebLink
2 <br /> 1. Following entry of a Court-Monitored Deferral, the Judge will refer the matter to the <br /> Court Probation Department ("Probation"), which will monitor the defendant's <br /> • compliance with all conditions of the Deferral. <br /> 2. Probation will report to the Judge on compliance, and in the event that a term or <br /> condition of a Court-Monitored Deferral appears to have been violated the Judge may <br /> decide to set a hearing for review of and possible revocation of the Deferral. <br /> B. Hearing <br /> • 1. If a hearing is set,the parties will be notified of the alleged violation and hearing date. <br /> 2. At the hearing, evidence shall be taken of the defendant's alleged violation and the <br /> defendant shall have the right to present evidence showing that there was no violation. <br /> 3. If the Judge finds sufficient clear and convincing evidence that the defendant willfully <br /> violated the Court-Monitored Deferral,the matter shall proceed to bench trial as set forth <br /> in subsection B.4 of this section. <br /> 4. At any bench trial following revocation of a Court-Monitored Deferral, the Judge will <br /> read and review the factual record in determining.the defendant's guilt of the offense(s) <br /> and, based only upon the factual record, the Judge will decide whether or not the <br /> defendant is guilty of the offense(s). <br /> 5. Following imposition of a finding of guilt, the matter may proceed immediately to <br /> sentencing or sentencing may be continued. <br /> C. Upon the expiration of the period of the Court-Monitored Deferral, if the defendant has <br /> complied with all terms and conditions required of him/her as set forth in the petition,the Judge <br /> shall have the authority to dismiss the charge(s) with prejudice or amend the charge following <br /> motion of the prosecutor in accordance with his/her agreement in the petition. <br /> Section 6: General duty. <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this Ordinance. It is the specific intent of this Ordinance that no provision nor any term used in <br /> this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or <br /> employees. Nothing contained in this Ordinance is intended nor shall be construed to create or <br /> form the basis of any liability on the part of the City, or its officers,employees or agents,for any <br /> injury or damage resulting.from any action or inaction on the part of the City related in any <br /> manner to the enforcement of this ordinance by its officers,employees or agents. <br /> Section 7:_ Savings. <br /> The enactment of this Ordinance shall not affect any case, proceeding, appeal or other matter <br /> currently pending in any court or before the City or in any way modify any obligation, right or <br /> liability,civil or criminal,which may exist by virtue of any of the ordinances herein amended. <br /> _--- Section-8:--Severability—-- ---- - - <br /> If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to <br /> be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or <br /> 4 <br /> 5 <br />