[§342H‑38]  Felony disposal of solidwaste; deferred prosecution agreement.  First time offenses for personscited with felony disposal of solid waste may enter into a deferred prosecutionagreement.  Persons failing to meet all of the terms of a deferred prosecutionagreement shall be subject to prosecution under this section.

For the purposes of this section, a deferredprosecution agreement shall mean an agreement offered by the prosecutor, in theprosecutor's discretion, to the person cited that would defer prosecutionduring the statute of limitations period, subject to renewed prosecution if thedefendant violates the conditions of the agreement.  The agreement, if one isoffered, shall contain provisions reasonably calculated to deter future violations. No person shall be offered a deferred prosecution agreement under this sectionmore than once.  If all terms of the agreement are met, all records of theperson's arrest, indictment, or plea shall be cleared.  Entering into adeferred prosecution agreement shall not be considered an admission of guilt.[L 2004, c 143, pt of §1]