RS 13:5395: Dismissal of certain criminal charges upon completion of homeless diversion pilot probation program

A. Notwithstanding any other provision of law to the contrary, as to any person eligible for participation in the homeless diversion pilot program as provided in this Chapter, when it appears that the best interests of the public and the defendant will be served, the district attorney may defer proceedings and request that he be placed on probation upon such reasonable terms and conditions as may be required by the court and the provisions of this Chapter.

B. Upon the defendant's violation of any of the terms or conditions of his probation, the court may revoke his probation, enter an adjudication of guilt, and impose sentence upon the person. The entering of the adjudication of guilt shall be retroactive to the date the defendant pled guilty or was convicted pursuant to Subsection A of this Section, but the imposition or execution of sentence shall not be retroactive.

C. Upon fulfillment of the terms and conditions of probation imposed in accordance with this Section, the district attorney shall dismiss the proceedings against him.

D. The dismissal of charges pursuant to this Section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions pursuant to R.S. 40:982. The dismissal of charges pursuant to this Section may occur only once with respect to any person.