| §1348.__Eligibility for deferred disposition |
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| | A person who has pled guilty to a Class C, Class D or Class E | crime, except a crime expressly providing that one or more | punishment alternatives it authorizes may not be suspended, and | who consents to a deferred disposition in writing, is eligible | for a deferred disposition. |
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| §1348-A.__Deferred disposition |
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| | 1.__Following the acceptance of a plea of guilty for a crime | for which a person is eligible for a deferred disposition under | section 1348, the court may order sentencing deferred to a date | certain or determinable and impose requirements upon the person, | to be in effect during the period of deferment, considered by the | court to be reasonable and appropriate to assist the person to | lead a law-abiding life.__The court-imposed deferment | requirements must include a requirement that the person refrain | from criminal conduct.__In exchange for the deferred sentencing, | the person shall abide by the court-imposed deferment | requirements.__Unless the court orders otherwise, the | requirements are immediately in effect. |
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| | 2.__During the period of deferment and upon application of the | person granted deferred disposition pursuant to subsection 1 or | of the attorney for the State or upon the court's own motion, the | court may, after a hearing upon notice to the attorney for the | State and the person, modify the requirements imposed by the | court, add further requirements or relieve the person of any | requirement imposed by the court that, in the court's opinion, | imposes an unreasonable burden on the person. |
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| §1348-B.__Court hearing as to final disposition |
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| | 1.__Unless a court hearing is sooner held under subsection 2, | at the conclusion of the period of deferment, after notice, a | person who was granted deferred disposition pursuant to section | 1348-A shall return to court for a hearing on final disposition.__ | If the court finds that the person has complied with the court- | imposed deferment requirements, the court shall impose a sentence | of unconditional discharge under section 1346, unless the | attorney for the State, prior to sentence imposition, moves the | court to allow the person to withdraw the plea of guilty.__Except | over the objection of the defendant, the court shall grant the | State's motion.__Following the granting of the State's motion, | the attorney for the State shall dismiss the pending charging | instrument with prejudice.__If the court finds that the person | has inexcusably failed to comply with the court-imposed deferment | requirements, the court shall impose a sentencing |
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