Definitions.

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  • (1) "Commencement of prosecution" means the filing of an information or an indictment.
  • (2) "Diversion" means suspending criminal proceedings before conviction on the condition that a defendant agree to:
    • (a) participate in a rehabilitation program;
    • (b) pay restitution to a victim; or
    • (c) fulfill some other condition.
  • (3) "Restitution" means the same as that term is defined in Section 77-38b-102.
  • (4) "Screening" means the process used by a prosecuting attorney to:
    • (a) terminate an investigative action;
    • (b) proceed with prosecution;
    • (c) move to dismiss a prosecution that has been commenced; or
    • (d) cause a prosecution to be diverted.




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