1. Upon the recommendation of the county attorney and the consent of the defendant, the District Court Judge shall approve participation in the monitoring program, unless the District Court Judge, in his or her discretion believes that:

2. The county attorney's recommendation of a defendant's participation in the program shall not be unreasonably withheld. If the county attorney refuses to consent to a defendant's participation in the program, he or she shall state on the record the reasons therefore.

3. Upon referral to the program, sentencing on the underlying charge shall be withheld. Notice to the Department of Transportation (DOT) of a finding of guilt shall be withheld until, and only if, sentencing is pronounced upon the defendant.

4. Upon approval for participation in the program, the defendant shall meet with a monitoring officer to establish a formal contract which specifies the court ordered conditions, the length of the contract and, if required, the need for the defendant to make restitution. The contract shall commence upon approval by the District Court Judge. Individual contract lengths shall be determined by the District Court Judge not to exceed twenty-four (24) months.

5. The program participant shall be required to comply with all provisions of the monitoring contract. (See Appendix F). If the program participant fails to comply with the conditions of the contract, the monitoring officer shall refer the matter to the sentencing Court, with notice to the defendant and/or the defendant's attorney, for a decision whether to terminate the contract and sentence the defendant or to modify the terms of the contract. Notice to the defendant to show cause why the defendant has failed to comply with the terms of the contract shall be deemed sufficient if sent by regular mail to the defendant's last known address listed by the monitoring program. Violation of any of the terms of the contract may be shown by way of sworn affidavit of the monitoring officer or the county attorney. The trial judge shall enter an order reflecting the court's decision. As with the original monitoring contract, the participant must agree to any contract modifications prior to reinstatement.

6. When the defendant fully complies with all of the terms of the contract, the monitoring officer shall notify the county attorney. The county attorney shall move the Court to set aside the plea of guilt and dismiss the charge. The Court shall enter an Order reflecting said determination.

7. All program records and all statements made by a defendant to the monitoring officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and shall be deemed confidential. However, program staff, the District Court Judge, the county attorney, and the Chief District Court Judge may access the information for purposes of program review, monitoring and supervision. The information shall not be released to any other person or entity without prior written consent of the District Court Judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the program.

8. The fee for participation in the program shall be in an amount set by the Director of the Administrative Office of the Courts. The Court may assess the fee on a sliding scale basis upon ability to pay or waive the fee entirely in the case of indigence.

9. Court costs shall be assessed in all cases unless the District Court Judge determines that the defendant is indigent.

1. The Court may order, at sentencing, participation in the monitoring program as a term of probation or conditional discharge of the sentence.

2. All rules and regulations set forth in subsections (A) 4, 5, 7, 8, and 9 above, for first time offenders shall be applicable to second or subsequent offenders.

3. Violation of the terms of probation or conditional discharge may be proven by way of sworn affidavit of the monitoring officer or the county attorney.