LD 1903
pg. 11
Page 10 of 47 PUBLIC Law Chapter 711 Page 12 of 47
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LR 2718
Item 1

 
§1348.__Eligibility for deferred disposition

 
A person who has pled guilty to a Class C, Class D or Class E
crime, except a crime expressly providing that one or more
punishment alternatives it authorizes may not be suspended, and
who consents to a deferred disposition in writing, is eligible
for a deferred disposition.

 
§1348-A.__Deferred disposition

 
1.__Following the acceptance of a plea of guilty for a crime
for which a person is eligible for a deferred disposition under
section 1348, the court may order sentencing deferred to a date
certain or determinable and impose requirements upon the person,
to be in effect during the period of deferment, considered by the
court to be reasonable and appropriate to assist the person to
lead a law-abiding life.__The court-imposed deferment
requirements must include a requirement that the person refrain
from criminal conduct.__In exchange for the deferred sentencing,
the person shall abide by the court-imposed deferment
requirements.__Unless the court orders otherwise, the
requirements are immediately in effect.

 
2.__During the period of deferment and upon application of the
person granted deferred disposition pursuant to subsection 1 or
of the attorney for the State or upon the court's own motion, the
court may, after a hearing upon notice to the attorney for the
State and the person, modify the requirements imposed by the
court, add further requirements or relieve the person of any
requirement imposed by the court that, in the court's opinion,
imposes an unreasonable burden on the person.

 
§1348-B.__Court hearing as to final disposition

 
1.__Unless a court hearing is sooner held under subsection 2,
at the conclusion of the period of deferment, after notice, a
person who was granted deferred disposition pursuant to section
1348-A shall return to court for a hearing on final disposition.__
If the court finds that the person has complied with the court-
imposed deferment requirements, the court shall impose a sentence
of unconditional discharge under section 1346, unless the
attorney for the State, prior to sentence imposition, moves the
court to allow the person to withdraw the plea of guilty.__Except
over the objection of the defendant, the court shall grant the
State's motion.__Following the granting of the State's motion,
the attorney for the State shall dismiss the pending charging
instrument with prejudice.__If the court finds that the person
has inexcusably failed to comply with the court-imposed deferment
requirements, the court shall impose a sentencing


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