Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694844163804.pdf (Micronesia, Federated States of)
THIRTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH REGULAR SESSION, 2004 C.B.

NO.

13-168 A BILL FOR AN ACT To further amend title 12 of the Code of the Federated States of Micronesia, as amended, by adding a new chapter 16 to establish a pretrial diversion program, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.
Title 12 of the Code of the Federated States of 2 Micronesia, as amended, is hereby further amended by adding a new 3 section 1601 to read as follows: 4 5 6 7 "Section 1601.

Citation.

This Act may be cited as the Pretrial Diversion Act of 2004."

Section 2.

Title 12 of the Code of the Federated States of 8 Micronesia, as amended, is hereby further amended by adding a new 9 section 1602 to read as follows: "Section 1602.

Statement of Policy.


Pretrial diversion is an alternative to prosecution that seeks to divert certain offenders from conventional criminal justice processing into a program of supervision and restitution.

Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants may be charged and prosecuted.
The major objectives of pretrial diversion are: (1) To prevent future criminal activity; CBL 13-178 C.B.

NO.

13-168 1 2 3 4 (2) To save prosecutorial and judicial resources; (3) to provide, where appropriate, a vehicle for restitution to communities and victims of crime."

Section 3.

Title 12 of the Code of the Federated States of 5 Micronesia, as amended, is hereby further amended by adding a new 6 section 1603 to read as follows: "Section 1603.
Definitions.

As used in this chapter: (1) 'Divertee or offender' means a person against whom a prosecutable criminal case exists, and who has participated or is participating in a pretrial diversion program whether successfully or unsuccessfully; (2) 'Secretary' means the Secretary of Justice of the Federated States of Micronesia, or his designee."

Section 4.
Section 4.

Title 12 of the Code of the Federated States of 16 Micronesia, as amended, is hereby further amended by adding a new 17 section 1604 to read as follows: "Section 1604.

Eligibility Criteria.


The Secretary, at his discretion, may divert any individual against whom a prosecutable case exists except that no matter may be diverted for: (1) a person accused of an offense that must be diverted to a State for prosecution; or (2) a person who has participated in a pretrial diversion program as a divertee within the past five 2 of 7 C.B.

NO.
NO.

13-168 years, measured from the date that the person completed the program successfully, or the date that the Secretary provided written notice to the participant that he had failed the program and was subject to prosecution; or (3) any offense punishable by more than five years imprisonment."

Section 5.
Section 5.

Title 12 of the Code of the Federated States of 8 Micronesia, as amended, is hereby further amended by adding a new 9 section 1605 to read as follows: "Section 1605.

Procedures.

(1) Divertees may be selected by the Secretary based upon the eligibility criteria provided in section 1604 of this chapter at any point prior to trial.
(a) Once trial has commenced and the first witness sworn, an offender is not eligible to be a participant in a pretrial diversion program and the Secretary shall have no authority to make any exceptions to this limitation.

(b) In the event a case has already been filed with a court of competent jurisdiction, then the prosecutor shall file a notice with the court that a Diversion Agreement has been entered into between the Secretary and the defendant divertee.
Upon filing such notice, the court shall stay all proceedings pending the prosecution filing a notice with the court, pursuant to 3 of 7 C.B.

NO.
NO.

13-168 section (5) or section (6) herein, that the program was successfully completed, in which event the case shall be dismissed without prejudice or the prosecution filing a notice that the program was terminated by the Secretary for failing to meet the terms and conditions of the agreement, in which event the Court shall lift the stay and the prosecution shall resume.

(2) Participation in the program by an offender shall be voluntary.
Before a Diversion Agreement may be entered into, the following must occur: (a) The offender shall agree in writing to waive his rights of a speedy trial and presentation of his case within the statute of limitations; and (b) The offender shall receive advice of counsel prior to entering into a pretrial diversion agreement.

No waiver shall be made or entered into for this requirement.
(3) The Divertee and the Secretary shall enter into an agreement setting forth in detail the duties and obligations of the parties.

The agreement shall be designed, supervised and administered by the Secretary, and shall include provisions for: (a) restitution, if appropriate; (b) permission from the Secretary prior to travel between states or outside the Federated States of 4 of 7 C.B.

NO.
NO.

13-168 Micronesia; and (c) such other provisions as the Secretary shall determine appropriate and consistent with the purposes of this chapter and law.

(4) The division period shall begin upon execution of the agreement.
(5) Upon satisfactory completion of the program requirement, the Secretary shall formally decline prosecution or if a case has already been filed with the court, the prosecution shall file a notice of dismissal and the court shall enter an order dismissing the action.
(6) Upon breach of a condition of the agreement by the Divertee, as determined by the Secretary in the Secretary's sole discretion, the Secretary may: (a) terminate the agreement and initiate or resume prosecution based upon the original and/or any subsequent charges; (b) reinstate the Divertee in the program under such additional or different conditions as he deems appropriate; or (c) make such other provisions as the Secretary shall determine appropriate and consistent with the purposes of this chapter and law."
Section 6.

Title 12 of the Code of the Federated States of 5 of 7 C.B.

NO.

13-168 1 Micronesia, as amended, is hereby further amended by adding a new 2 section 1606 to read as follows: "Section 1606.

Judicial Review.

(1) In keeping with the stated purposes of this Act, no offender may have as a cause of action, by civil suit, write or other pleading: (a) that the Secretary has declined to enter into a pretrial diversion agreement with that offender.
The decision of whether to enter into an agreement is solely within the discretion exercised by the Secretary in deciding whether to prosecute a matter or not; and (b) that the Secretary has decided to terminate a pretrial diversion agreement based upon the Secretary's determination that a breach of the agreement has occurred."

Section 7.
Section 7.

Title 12 of the Code of the Federated States of 17 Micronesia, as amended, is hereby further amended by adding a new 18 section 1607 to read as follows: "Section 1607.

Rules and Regulations.

The Secretary is hereby authorized to issue and promulgate rules and regulations implementing the provisions of this chapter, which, upon approval by the President of the Federated States of Micronesia, shall have the force and effect of law."

6 of 7 C.B.

NO.

13-168 1 Section 8.


This act shall become law upon approval by the 2 President of the Federated States of Micronesia or upon its 3 becoming law without such approval.

4 5 Date: 11/09/04 Introduced by: Resio S. Moses______ for Henry C. Asugar (by request) 7 of 7