B. At the arraignment of the accused (either after indictment or waiver of grand jury) or any time subsequent to the preceding, the Trial Court, on its own motion, and/or the Commonwealth Attorney may move for a continuance for up to thirty (30) days for the tentative consideration of the accused by the Pretrial Services Division for the Diversion Program.

If the accused is found by the Pretrial Services Division to not be eligible, the accused shall be referred back to the Circuit Court for further proceedings.

C. Upon tentative acceptance into the Diversion Program by the Trial Judge, the accused, after consultation, or opportunity to consult with an attorney, must sign a statement that will waive the accused's right to a speedy trial.

D. The accused will meet with a Diversion Officer to establish and agree to a formal contract which will specify the conditions to be required, the types of referral service to be used, the length of the contract, and the need, if any, for the accused to make any required restitution, public service work, or payment, when appropriate, to a Court approved organization. The contract shall be presented for final approval to the Trial Judge, and, upon its final approval (which shall be indicated by the signature of the Trial Judge on the contract), the accused shall be accepted into the Diversion Program and the terms of the Diversion contract shall commence to be binding.

E. The normal contract for each accused shall be for a period of six months to one year. The period, and/or the conditions of the contract, may be altered by the Trial Judge or the Diversion Officer for good cause.

F. The Divertee must comply with all provisions of the Diversion contract. Violation of the contract provisions will subject the accused to termination of Diversion participation. The Trial Judge, after consideration of all relevant proof, shall enter an order terminating the accused's participation in the Diversion Program or shall direct the resumption of the accused's participation in the Diversion Program and reinstatement of the Diversion contract, with any modifications ordered by the Trial Judge. As with the original Diversion contract, the accused must agree to the contract modifications, if any, prior to reinstatement.

G. At any time the accused may voluntarily choose to be terminated from the Diversion Program.

H. Upon termination of the accused's participation in the Diversion Program, the Commonwealth Attorney may initiate prosecutions of the accused upon the original charge(s).

I. Upon successful completion of the Diversion Contract, the formal criminal charge from which the Diversion Contract arose, shall be formally dismissed with prejudice.

J. The consent of the arresting officer or of the victim of the alleged crime, unless otherwise required by statute, is not required for acceptance of an accused into the Diversion Program. However, the arresting officer and the victim must be advised of the accused's recommended participation in the Diversion Program and afforded an opportunity to comment, in writing, prior to the accused's acceptance into the Diversion Program. Such comment, if any, shall be considered by the Trial Judge in determining acceptance in the Program.

K. Participation by an accused in the Diversion Program shall not constitute an admission or presumption of guilt of the crime charged, nor shall participation be proof of guilt in any subsequent legal action. However, nothing contained in this paragraph shall alter or affect the accused's obligation to perform all terms of the Diversion contract, including treatment and restitution when ordered.

L. All records of the Diversion Program will be deemed confidential except for the Program staff and the Circuit Judges for purposes of program review and supervision and will be released to no other person or agency without the written consent of the accused or the presiding Judge.