Cpl 215

Front 1

215.10

An ACD for purposes of referring selected felonies to dispute resolution shall NOT be ordered where defendant is charged with any of the following felonies:

Back 1

1. Class A felony

2. Violent felony (PL 70.02)

3. Drug offenses (PL 220)

4. Felony upon which defendant must be sentenced as:

1. Second felony offender (PL 79.06)

2. Second violent felony offender (PL 70.04)

3. Persistent violent felony offender (PL 70.08)

4. Persistent felony offender (PL 70.10)

Front 2

215.10

The ACD may be ordered:

Back 2

1. Upon or after arraignment and before final disposition in LCC upon a felony complaint

2. Upon or after arraignment and before final disposition in SC upon an indictment or SC information

Front 3

215.10

For judge to order ACD, there must be:

Back 3

1. Consent of the people

2. Consent of defendant

3. Reasonable notice to victim and an opportunity to be heard.

Front 4

215.20

Victim means...

Back 4

any person alleged to have sustained physical or financial injury to person or property as a direct result of the crime or crimes charged in a felony complaint, SCI, or indictment.

Front 5

215.30

Upon issuing ACD, Court must:

Back 5

1. release defendant on his own recognizance

2. Refer action to dispute resolution

Dispute resolution center must advise the D.A. whether the charges against the defendant have been resolved no later than 45 after referral by the judge.

Thereafter, if defendant has agreed to pay a fine, restitution or reparations, the dispute resolution center must advise D.A. Every 30 days of status of such fine, restitution or reparation.

Front 6

215.30

Upon application of the people made not later than _______after the issuance of the ACD. The court may restore the case to the calendar.

Notwithstanding the foregoing, IF defendant does not pay fine, restitution or reparation, the court, upon application of the people made not later than 1 year after issuance of ACD, may restore the case to the calendar.

Back 6

6 months

Hint 6

Zzz

Front 7

215.40

The accusatory instrument shall be deemed to have been dismissed if the action is not restored to the calendar, and:

Back 7

1. 6 months have elapsed, or

2. 1 year has elapsed (where a fine, restitution, or reparation was ordered and not paid).

Front 8

215.40

Upon dismissal of action:

Back 8

1. The arrest and prosecution shall be deemed a nullify, and

2. Defendant shall be restored to pre-arrest and prosecution status.

Upon dismissal of action,all records relating to the action shall be sealed pursuant to COL 169.50