M E M O
TO:Joint Procedure Committee
RE:Proposals for Deferred Imposition of Sentence
At the last meeting, the Committee reviewed the variances in procedure among the counties for processing deferred impositions of sentence in misdemeanor cases. The Committee decided uniformity may be a desirable goal and instructed staff to prepare proposals for the Committee's consideration.
The following material contains four alternatives. Under the first two proposals, the burden would be on the defendant to move for dismissal upon successful completion of probation. Forms would be made available for the defendant's use in moving for dismissal.
The factor distinguishing the first two proposals concerns when judgment may be entered. Under the first proposal, judgment may be entered immediately upon deferring imposition of sentence. Under the second proposal, judgment may not be entered until 61 days after expiration of probation.
Under the third and fourth alternatives, dismissal would basically be automatic, as the defendant would not be required to do anything. Under the third alternative, the clerk of court would be responsible for tracking the file, and submitting a motion and order for dismissal to the court for its signature upon expiration of probation. Under the fourth alternative, the order deferring imposition would provide for dismissal unless subsequently ordered otherwise upon motion by the state's attorney.
Under the first three alternatives, to give the State an opportunity to object to dismissal, the clerk of court would be responsible for serving a copy of the motion upon the state's attorney.
Does the Committee want to recommend one of these proposals to the Supreme Court for adoption?