NOTICE OF PROPOSED LOCAL RULE CHANGE

The following proposed Local Rule 22 of the Garfield Heights Municipal Court is being posted for public notice and comment.

Please forward any comments regarding the proposed rule in writing to Donna Marcoguiseppe, Clerk of Court, Garfield Heights Municipal Court, 5555 Turney Road, Garfield Heights, Ohio 44125. In order to be considered, comments must be received by the Clerk of Court no later than December 26, 2011.

(A) There is hereby established a Selective Intervention Program. The program is reserved for certain non-violent misdemeanor criminal offenses committed by first-time offenders.

(B) A defendant’s eligibility for the Selective Intervention Program shall be at the discretion of the judge assigned to the case or presiding over the case on the court’s administrative docket, with the consent of the prosecutor.  Factors which may be considered by the court in determining a defendant’s eligibility include the nature of the offense, whether the offense was non-violent in nature, whether the defendant was cooperative with law enforcement officials, whether there is evidence of remorse on the part of the defendant, the defendant’s prior criminal and traffic record, whether there are any criminal or traffic cases pending against the defendant, and any other factor the court determines to be relevant.

(C)  As a condition of admission to the Selective Intervention Program, the defendant shall pay a program fee of $100.00 which shall be deposited into the court’s probation fund. 

(D)  In the event a defendant is admitted to the program, the defendant shall enter a no contest plea to the charge(s) and sign a program agreement with the court. While in the program the defendant must remain law-abiding and have no further criminal offenses or any traffic offenses.

(E)  The court shall hold its findings on the charge(s) in abeyance for a term to be determined by the court. The court may impose conditions upon the defendant which may include but not be limited to, completion of community service, payment of restitution, random drug and/or alcohol screening, obtaining a G.E.D., obtaining employment, and any other condition in the court’s sole discretion. The defendant must comply with such conditions under the supervision of the court’s probation department.

(F)  A hearing may be scheduled for the court to determine whether the defendant successfully completed the program.

(G)  Upon successful completion of the program, the prosecuting attorney shall dismiss the charge(s) and the record of the criminal charges shall be sealed. As a final condition of the program, the defendant shall pay all court costs, including but not limited to the program fee.

(H)  In the event the defendant fails to successfully complete the Selective Intervention Program, the defendant will be found guilty of all charges and the court shall proceed to sentencing.

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