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Does an assessment center have a responsibility to recommend against a deferred prosecution and, if so, are they required to notify the prosecuting attorney?

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Does an assessment center have a responsibility to recommend against a deferred prosecution and, if so, are they required to notify the prosecuting attorney?

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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.

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