This bill would require approval from the court any time a prosecutor wants to dismiss or amend a criminal charge for a series of offenses.
The court would be able to approve the dismissal or amended charge “only if the court finds the action is consistent with the public’s interest in deterring the commission of these crimes and with the legislature’s intent” to “encourage the vigorous prosecution of persons who commit offenses that are covered crimes.”
The bill also prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant charged with these enumerated offenses.
There are many reasons why a charge may be dismissed or amended by a prosecutor, including the innocence of an individual charged with a crime, insufficient evidence for a charge to stand, or constitutional concerns with police action. Procedural justice, fairness, and upholding the constitutional rights of the accused are foundational principles of the criminal legal system, not solely “vigorous prosecution” and “deterrence.”
By curtailing prosecutorial discretion, this bill will limit access to critically important evidence-based early intervention programs in several jurisdictions throughout the state that provide targeted interventions through diversion or deferred prosecution agreements that pair risk reduction strategies with other accountability measures.
