calendar; dismissal of action.
Upon issuing an order adjourning an action in contemplation of
dismissal pursuant to section 215.10 of this article, the court must
release the defendant on his own recognizance and refer the action to a
dispute resolution center established pursuant to article twenty-one-A
of the judiciary law. No later than forty-five days after an action has
been referred to a dispute resolution center, such center must advise
the district attorney as to whether the charges against defendant have
been resolved. Thereafter, if defendant has agreed to pay a fine,
restitution or reparation, the district attorney must be advised every
thirty days as to the status of such fine, restitution or reparation.
Upon application of the people, made at any time not more than six
months after the issuance of an order adjourning an action in
contemplation of dismissal, the court may restore the action to the
calendar upon a determination that dismissal of the accusatory
instrument would not be in furtherance of justice, and the action must
thereupon proceed. Notwithstanding the foregoing, where defendant has
agreed to pay a fine, restitution, or reparation, but has not paid such
fine, restitution or reparation, upon application of the people, made at
any time not more than one year after the issuance of an order
adjourning an action in contemplation of dismissal, the court may
restore the action to the calendar upon a determination that defendant
has failed to pay such fine, restitution, or reparation, and the action
must thereupon proceed.