(1) The prosecuting attorney is authorized to establish a pre-prosecution diversion program as an alternative to prosecution of offenders. The goals of the program are to conserve law and justice resources for more serious offenses and to reduce offender recidivism through community-based rehabilitation and participant involvement.

(2) Entry into the program shall be determined by the prosecuting attorney based upon the facts of each case, the offender’s criminal history, available resources, and other factors as determined by the prosecuting attorney. Participation in the program shall be voluntary and subject to conditions established by the prosecuting attorney.

(3) This chapter shall not affect the prosecutorial discretion of the prosecuting attorney. Neither the availability of the program nor its existence or continued operation is established as a matter of right by the enactment of the ordinance codified in this chapter.

(4) The prosecuting attorney may prosecute an offender for the underlying criminal offense if he or she violates the terms of his or her pre-prosecution diversion agreement. (Added by Amended Ord. 18-084, Nov. 19, 2018, Eff date Jan. 1, 2019).