GCO 1983-1

June 8, 1983


     This order is issued to establish procedures to be followed upon completion of conditions for deferred imposition of sentence.

     1.  Upon completion by the defendant of all conditions set forth in the Court's sentencing order, counsel for the defendant shall notify the Justice Ombudsman in the state that the conditions have been satisfactorily completed and request certification from the Justice Ombudsman to that effect.

     2.  The Justice Ombudsman shall promptly review the facts in the case and shall independently verify satisfactory completion by the defendant of all the conditions.  Upon such verification, the Justice Ombudsman shall provide written certification to the Court that the conditions have been fulfilled.

     3.  Upon receipt of the verification the Court may, without hearing, issue an order declining to impose sentence.

     4.  In the alternative, the Court may set a hearing concerning possible imposition of sentence and, after hearing, may impose such sentence as is appropriate.  No sentence shall be imposed unless the Court first holds a hearing and then explains, in writing, reasons for imposition of sentence.

     If no sentence is imposed, the record of the Court proceedings shall be maintained on record in the Court and shall be subject to review by the public, but the case shall not be considered a conviction of defendant for any purpose under the laws of the Federated States of Micronesia.

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