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



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