HomeMy WebLinkAboutOrdinances 23-11-545 - 11/20/2023 - Amend Article VIII of Chapter 14, Pre-Trial Intervention and Diversion ProgramSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. d_3 -//-51-S
AN ORDINACE TO AMEND ARTICLE VIII OF CHAPTER 14, PRE-TRIAL
INTERVENTION AND DIVERSION PROGRAM, OF THE CODE OF THE CITY OF
MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton , Georgia as follows:
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances , resolutions and
regulations for the protection and preservation of the public health , safety and welfare of its
citizens; and
WHEREAS , Section 14-182 of Article VIII of Chapter 14 of the City of Milton Code of
Ordinances regulates the pre-trial intervention and diversion program in the City of Milton and
imposes various requirements and regulations; and
WHEREAS, the Mayor and Council have determined that it is in the best interest of the
City's residents to amend the existing regulations.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS , as follows :
SECTION 1. That Article VIII of Chapter 14 of the City of Milton Code of Ordinances
is hereby repealed and replaced in its entirety by the text attached hereto as Exhibit A.
SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this
ordinance are hereby repealed ; and
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and
City Council and the signature approval of the Mayor.
SO ORDAINED this the ~ day of r-Jovtmbe,v::::: , 20 Ji3 , the public 's health , safety,
and welfare demanding it.
Ex hibit A
ARTICLE VIII. -PRE-TRIAL INTERVENTION AND DIVERSION PRGRAM
Sec. 14-181. -Pre-trial intervention and diversion program established.
In accordance with O.C.G .A. § 15-18-80, a pretrial di versio n program for offenders in the
Municipal Court of the City of Milton is he re by established.
Sec. 14-182. -Reserved.
IN THE MUNICIPAL COURT OF MIL TON
STATE OF GEORGIA
STATE OF GEORGIA
vs
Defendant's Name
CITATION NO . AND OFFENSES:
#: Offense
#: Offense
#: Offense
PRETRIAL DIVERSION PROGRAM REQUIREMENTS AND PROCEDURE
The defendant and/or the defendant's attorney has requested a case review for eligibi lity and consideration into the
Program . The City Solicitor has reviewed the case file and has confirmed the defendant's e li gibility for the Program.
The City Solicitor has agreed to admit the defendant into the Program with the below terms and conditions as
verified by the Program Coordinator. The terms and co nditi ons of the Program are as follows:
_ The participant must pay the _____ pre-trial diversion program fee .
_ The participant must pay $40.00 per month superv ision fees to the Program Coordinator when reporting
monthly and pay a one-time $10.00 case initiation fee.
_ T he participant must pay ___ in restitution .
_ The participant must com plete ____ hours of community serv ice within the first half of the Program
per iod.
_ The defendant must complete a 6-hour Georgia approved defensive driving class (in person) or Alive at 25 (in
person class)
_ The defendant must complete a Cognitive Skills Course or Theft Awareness Co urse.
_ The participant must complete A lcohol and/or Drug Evaluati on and counseling s pecificall y to meet his/her
needs and follow any treatment recommendations .
_ The participant must comp lete a Mental Health Evaluatio n and co un se lin g specifically to meet hi s/her needs
and follow any treatment recommendations.
The participant must report as directed by the Program Coordinator.
_ The participant must not violate the criminal laws of any governmental unit.
_ The participant must notify the Program Coord inator of any cha nge of address durin g the pendency of his/her
diversion petition.
_ The participant must co ntinue to attend all classes in the school in which they are currently enrolled.
_ The participant must abstain from the use of alco hol and drugs , and may be subjected to random alcohol/drug
testing of the defendant 's bl ood, breath, urine , and hair as requested by the Program Coordinator, Court, or la w
enforcement at their expen se.
I . The participant has read and agrees to follow all Program written guidelines, terms, and conditions.
2. The Program period will last for ____ months.
3. The defendant must report __ the entire period __ unti l all terms and conditions have been met.
4 . Upon proof of successful com pl etion of any required comm unity service, co unselin g, and any other special
conditions, a nolle prosequi (dismi ssa l) will be entered by the City Solicitor and the Court .
5. Any defendant who fails to co mpl ete all cond iti ons of the Program , fails to pay any fees or restitution , or
obtain any new criminal arrest or traffic vio lation s, sha ll be notified by the Program Coordinator, and
removed from the Program on or before their final co urt com plianc e date . A participant removed from the
Program shall have their case placed back on a Milton Municipal Court docket for prosecution.
6. The participant's record w ill be restricted in accordance with O.C.G .A. §35 -3-37 upon successful
completion of all terms and co ndition s of the Program.
Defendant: -------------Attorney: ---------------
Solicitor: Date : ------------------------------
1
The Municipal Court of Milton: Pretrial Intervention and Diversion Program
About
The Milton Municipal Court Pretrial Diversion Program ("Program ") is created pursuant to
O.C.G.A. § 15-18-80 as an alternative to prosecution for certain offenses and offenders in the
criminal justice system . The decision to participate in the Program must be made freely and
voluntarily by the defendant prior to the case being adjudicated. Upon the successful completion
of the Program , the defendant's case will result in a dismissal or nolle prosequi of the charge(s).
Eligibility
The City Solicitor shall review all requests for the Program and determine the defendant 's
eligibility to enter the Program . The below eligibility requirements must be met. If the
participant is charged with more than one offense , all such offenses must be the result of one
incident date. Multiple offenses that are the result of more than one incident date are not eligible
for the Program. Eligibility for the Program does not guarantee acceptance.
1. The participant must be at least 17 years of age and voluntary agree to all written rules and
policies of the Program.
2 . A participant under 21 years of age may be asked to have parental or legal guardian consent
for consideration into the Program .
3. The participant must be willing to comply with all terms and conditions of their diversion
agreement. These terms and conditions include , but are not limited to community service ,
evaluations and treatment for drugs , alcohol , and /or mental health , cognitive skills or theft
awareness classes, defensive driving classes , and payment of all fees.
4 . The participant must waive or give up certain constitutional and statutory rights while
enrolled in the Program .
5. The participant must be willing to submit to and provide a clean drug and alcohol screen
prior to enrollment at the discretion of the City Solicitor.
6. The participant must agree to pay all applicable monetary obligations such as Program fees ,
restitution , drug screening fees , and monthly Program supervision fees.
7. The Program fee will be determined individually based on the offense and prior criminal
and /or driver 's history, not to exceed $1 ,000.00. The Program maximum fee of$1 ,000 .00
does not include restitution , drug/alcohol screening fees , costs for classes , etc.
8. The participant must be willing to participate in the Program for a reasonable period , which
is determined based on the charge (generally 3 -12 months). The Participant must be willing
to report to the Program Coordinator as directed during the period of the Program.
9. The offense must not be one for which the law provides a mandatory minimum sentence of
incarceration or imprisonment that cannot be suspended , probated , or deferred.
10. The offense must be one that the City Solicitor believes can be proven at trial.
11 . The offense must be one that is eligible for enrollment in the Program :
a . Offenses that are eligible for consideration for entry in the Program include but are
not limited to: Possession of Marijuana Less than One Ounce, Theft by Shoplifting
Written Guidelines of the City Solicitor, Kelsie M. Speight last Revised August 2023
(misdemeanor), Underage Possession or Consumption of Alcohol , and City
Ordinances.
b. The following offenses are ineligible for consideration for entry in the Program :
Driving Under the Influence , Driving Unlicensed , Suspended License, No Insurance ,
Hit & Run , Fleeing and Attem pting to Elude , Aggressive Driving, Racing on
Highways or Streets , Reckless Driving , Unlawful Passing of a School Bus , and
Speeding More Than 24 MPH Over the Posted Limit.
Acceptance Guidelines
Program acceptance will be based upon consideration of the following:
I. The nature of the offense ;
2. The prior criminal arrest record and /or driver 's history of the offender;
3 . The notification and response of the victim; and
4 . The circumstances surrounding the offender's citation or arrest and any subsequent
conduct deemed relevant in the discretion of the City Solicitor.
Enrollment Process
The defendant should make a formal request in person during a court session for eligibility and
consideration. The City Solicitor shall review the request and all pertinent information to
determine eligibility and acceptability to enter the Program . If approved , the defendant shall
enter into the written agreement to participate in the Program using the form provided by the
City Solicitor. The defendant shall formally enroll with the Pretrial Intervention and Diversion
Program Coordinator during a Milton Municipal Court session. At the time of enrollment, the
defendant shall receive a new court date at the end of their Program term to ensure compliance
and successful completion. The defendant shall then follow the written agreement guidelines at
the direction of the Pretrial Intervention and Diversion Program Coordinator.
Program Conclusion and Completion
The participant will remain enrolled in the Program until all conditions of the written agreement
have been satisfied and the term of the Program has concluded. Upon the conclusion of the
Program term, a final criminal and /or driver 's history shall be run by the City Solicitor to
2
confirm no new violations occurred while the participant was enrolled in the Program prior to the
case being Nolle Prosequi ( dismissed), and prior to the participant 's record restriction in
accordance with O .C .G .A . § 35-3-37. Any participant who fails to complete all conditions of the
Program , fails to pay any fees or restitution , or obtain an y new criminal arrests or traffic
violations , shall be notified by the Program Coordinator, and be removed from the Program on or
before their final court compliance date. A participant that has been removed from the Program
shall have their case placed back on the M ilton Municipal Court docket for prosecution.
Written Guidelines of the City Solicitor, Kelsie M . Speight Last Revised August 2023