treatment or a rehabilitative plan that would benefit the
defendant. If the recommendation includes referral to a
community service program, the report shall contain a statement
regarding the program's willingness to accept the defendant and
the manner in which the services the program offers can assist
the defendant in completing the diversion program successfully.
(d) Admissibility.--No statement or information with respect
to the specific offense with which the defendant is charged,
which is made subsequent to the granting of diversion, may be
admissible in any action or proceeding. In the event that
diversion is denied or is subsequently revoked once it has been
granted, the investigation, statements or information divulged
during that investigation shall not be used in any subsequent
action or proceeding.
(e) Hearing.--The court shall hold a hearing and, after
consideration of the district attorney's report and any other
relevant information, shall determine if the defendant consents
to further proceedings under this section and waives his right
to a speedy trial. The period during which the further criminal
proceedings against the defendant may be diverted shall be for
the length of time required to complete and verify the diversion
program but shall not exceed two years. If the court orders a
defendant to be diverted, the court may make inquiry into the
financial condition of the defendant and upon a finding that the
defendant is able, in whole or in part, to pay the reasonable
cost of diversion, the court may order the defendant to pay all
or part of the expense. The reasonable cost of diversion shall
not exceed the amount determined to be the actual average cost
of diversion services. If the defendant is determined to be
indigent, the defendant may not be ordered to pay the expenses.
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