Charge to remain pending; dismissal upon successful completion

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  • (a) For the ninety-day period following the date an eligible individual is released to a program of community supervision and services under this chapter, the criminal charge against such individual shall be continued without final disposition, except that the committing officer may extend such period for up to three years in the aggregate.

  • (b) The committing officer, at any time, shall terminate such release, and the pending criminal proceeding shall be resumed when committing officer, upon the recommendation of the director, with the concurrence of the Attorney General or U.S. Attorney, finds such individual is not fulfilling his obligations under his plan, or the public interest so requires.

  • (c) If the director certifies to the committing officer at the end of the period of diversion that the individual has fulfilled his obligations and successfully completed the program, the committing officer shall dismiss the charge against such individual.


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