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Article 216 judicial diversion program for certain felony offenders


Who is considered an eligible defendant?

Any person who stands charged in an indictment or SCI with a Class B C D or E felony for drug offenses including criminal diversion of marijuana

When is the defendant not eligible for judicial diversion program for certain felony offenses?

Within the preceding 10 years they were previously convicted of violent felony offense or Class A drug felony or previously adjudicated a second or persistent violent felony offender.

A defendant who is not eligible for the judicial diversion program may become eligible upon the consent of who?

The prosecutor

At which point in time May a defendant voluntarily terminate participation in the judicial diversion program?

At any time, at which time the court will impose sentence an agreement with the plea agreement.