(a) In General. The attorney for the State and the defendant may enter into a written filing agreement respecting a pending indictment, information, or complaint. The filing agreement must establish a definite filing period of up to one year subject to the conditions, if any, set forth in the filing agreement. Upon execution of the agreement by the parties, the State shall file the agreement forthwith in the court and, upon such filing, the agreement will become effective.(b) Court Approval Unnecessary. The approval of the court for the filing of a written filing agreement by the parties is unnecessary; however, a filing agreement is subject to the control of the court. If the agreement calls for the payment by the defendant of costs of prosecution such agreed-upon costs may be in any amount up to, but not exceeding, the maximum authorized fine amount for the particular crime based upon its sentencing class and need not reflect the actual costs of prosecution.(c) Disposition During or at Expiration of Filing Period. Except where a filing agreement expressly provides otherwise as specified in subdivision (d), if the defendant has satisfied each of the filing agreement’s conditions, if any, at the conclusion of the agreed upon filing period the defendant is entitled to have the filed indictment, information, or complaint dismissed with prejudice. In this regard, unless the attorney for the State files a motion alleging a violation of one or more of the agreement’s conditions by the defendant and seeking to have the criminal proceeding in which the indictment, information, or complaint was filed reactivated by the court, at the expiration of the filing period the clerk shall enter a dismissal of the filed charging instrument with prejudice. In the event the attorney for the State files a motion during or at the end of the filing period alleging a violation of one or more of the agreement’s conditions, the attorney for the State is entitled to have the criminal proceeding reactivated by the court if, following a hearing on the motion, the court finds by a preponderance of the evidence that the defendant has violated one or more of the agreement’s conditions.(d) Special Reservations in the Filing Agreement. If the attorney for the State wishes to preserve the right to reinstate a criminal proceeding after the filing period has fully run when no breach of conditions has occurred, or to preserve the right to initiate the same or additional criminal charges against the defendant arising out of the same event or conduct in a separate criminal proceeding while the filing period is running, the attorney for the State must expressly reserve such a right in the written filing agreement and the defendant must expressly agree to it.
