Does an assessment center have a responsibility to recommend against a deferred prosecution and, if so, are they required to notify the prosecuting attorney?
The assessment results become part of the court order granting deferred prosecution. It may be perjury to recommend someone for the program if the person making the recommendation does not believe they are clinically eligible. Unless the court has requested a report of the assessment, and a properly completed release of confidentiality permits it, the decision to not recommend a person for deferred prosecution should only be reported to the person and the persons attorney.
Related Questions
- I want to dismiss a criminal complaint or no longer want to continue with a criminal prosecution. Is the prosecuting attorney required to dismiss the criminal charges?
- Does an assessment center have a responsibility to recommend against a deferred prosecution and, if so, are they required to notify the prosecuting attorney?
- Can a deferred prosecution petitioner be granted an additional extension of the temporary license if the assessment cannot be completed in time?