§ 14-66. Deferred judgment and sentencing.

(a)

Whenever any person shall have entered a plea of guilty to the violation of any ordinance of the city, or of any rule or regulation promulgated thereunder, except matters arising under chapter 54, the court accepting the plea has the power, upon the written request of the city attorney, together with the written consent of the defendant and his attorney of record, to continue the case for a period not to exceed one (1) year from the date of entry of such plea for the purpose of entering judgment and sentence upon such plea of guilty. During such time, the court may place the defendant under the supervision of the probation department or other authority. In addition, the court may impose such reasonable conditions of the deferred judgment and sentence as may be imposed as conditions of probation under section 14-61 of this chapter. When granting probation, the court may, as a condition of probation, require that the defendant pay reasonable costs of the court proceedings or costs of supervision of probation, or both. The probation supervision fee shall be fifty dollars ($50.00) per month for the length of ordered probation. Notwithstanding the amount specified in this section, the court may lower the costs of supervision of probation to an amount the defendant will be able to pay. The court shall fix the manner of performance for payment of the fee. If the defendant receives probation services from a private provider, the court shall order the defendant to pay the probation supervision fee directly to the provider. The fee shall be imposed for the length of ordered probation.

(b)

Prior to entry of a plea of guilty to be followed by deferred judgment and sentencing, the city attorney is authorized to enter into a written motion and stipulation, to be signed by the defendant, his attorney of record, and the city attorney, under which the defendant obligates himself to adhere to such stipulation. The conditions imposed in the stipulation shall be similar in all respects to probation conditions imposed under section 14-61 of this chapter. Upon full compliance with such conditions by the defendant, the plea of guilty previously entered shall be withdrawn and the action against the defendant dismissed with prejudice. Such stipulation shall specifically provide that, upon a breach by the defendant of any such condition regulating the conduct of the defendant, the court shall enter judgment and impose sentence upon such guilty plea. Whether a breach of condition has occurred shall be determined by the court without a jury upon application of the city attorney or probation department and upon reasonable notice of hearing to the defendant or his attorney of record. The burden of proof at such hearing shall be by a preponderance of the evidence, and the procedural safeguards required in a revocation of probation hearing shall apply.

(c)

When a defendant signs a stipulation by which it is provided that judgment and sentence shall be deferred for a time certain, he thereby waives all rights to a speedy trial or sentencing as provided by ordinance or rule.

(d)

No previously entered plea shall be withdrawn and no case dismissed under this section unless and until the defendant shall have appeared in open court at the end of such deferral period and testified under oath that he or she has fully complied with all of the terms of the deferred judgment and sentencing. This requirement shall be in addition to any confirmation by any other appropriate agency that the terms of such judgment and sentencing have been complied with.

(Ord. No. 695-82, § 4, 12-13-82; Ord. No. 745-05, § 2, 10-11-05)