TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 32.2, N.D.R.Crim.P., Pretrial Diversion
Committee member Bruce Quick and his colleague Robin Schmidt have asked the Committee to discuss adoption of a new criminal rule based on Minn.R.Crim.P. 27.05 - Pretrial Diversion.
Staff has prepared a draft of a proposed new N.D.R.Crim.P. 32.2 based on the Minnesota rule. It is a completely new rule-underscoring of the text is omitted in the draft for easier reading. The draft rule is attached.
The possibility of adopting a pretrial diversion rule was discussed briefly at the January 2006 meeting. A member suggested that the Committee defer discussion until after the legislative Commission on Alternatives to Incarceration completed its work on the subject.
The Commission issued a report, which is attached. The Commission did not make any recommendations on pretrial diversion in the report.