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21-112/12-22 Adopt License Reinstatement Diversion Program PolicyDocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 RESOLUTION NO. 21-112 RESOLUTION ADOPTING CITY OF GOLDEN VALLEY LICENSE REINSTATEMENT DIVERSION PROGRAM POLICY WHEREAS, driving without a valid driver's license can present a threat to public safety and present a barrier to employment; and WHEREAS, staff recommends implementing a license reinstatement diversion program to allow individuals to obtain valid driving privileges and insurance while making payment towards unpaid fines and to create a path toward helping individuals who never obtained a license to obtain a valid license; and WHEREAS, the City Council wishes to implement the staff recommended diversion program. NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden Valley adopts the City of Golden Valley License Reinstatement Diversion Program Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 21st day of December, 2021. DocuSigned by: RAMS Shepard M. Harris, Mayor ATTEST: DocuSigned by: T "tw- E Theresac�iyma, City Clerk DocuSign Envelope ID: 1DA87CA8-E46B-4731-B50B-9A559F37E283 Resolution No. 21-112 Purpose -2- December 21, 2021 EXHIBIT A City of Golden Valley License Reinstatement Diversion Program Policy This License Reinstatement Diversion Program Policy sets forth the purpose, eligibility, and requirements of the City of Golden Valley License Reinstatement Diversion Program (the "Program"). Through the Program, the City seeks to assist individuals who have been charged with driving without a valid license to earn back their valid license status through a supervised payment plan, a mandatory financial management and life skills course, and the issuance of a temporary diversion license. The City is pleased to offer this program pursuant to and in accordance with Minnesota Statutes, section 171.2405. Eligibility Individuals may be eligible for the Program if: I. They received a citation for Driving after Suspension or Driving after Revocation; 2. The offence took place in the City of Golden Valley; 3. The case is still pending (i.e. the individual has not yet paid the fine for that citation and has not yet pled guilty to the offense); and 4. The individual has a Class D driver's license. The prosecuting attorney for the City of Golden Valley shall determine whether to accept an individual for diversion under the Program. When making the determination, the prosecutor shall consider: I. Whether the individual has a record of driving without a valid license or other criminal record, or has previously participated in a diversion program; 2. The strength of the evidence against the individual, along with any mitigating factors; and 3. The apparent ability and willingness of the individual to participate in the Program and comply with Program requirements. Program Requirements The City may contract with a third party to administer the Program (the "Administrator"). The Administrator may determine the specific Program requirements. At a minimum, the Program must require individuals to: I. Successfully attend and complete, at the individual's expense, educational classes that provide, among other things, information on driver's licensure; 2. Pay to the administrator, under a schedule approved by the city prosecutor, all required related fees, fines, and charges, including applicable statutory license reinstatement fees and costs of participation in the Program; 3. Comply with all traffic laws; and 4. Demonstrate compliance with motor vehicle insurance requirements. DocuSign Envelope ID: 1DA87CA8-E466-4731-B50B-9A559F37E283 Resolution No. 21-112 Benefits of Successful Completion -3- December 21, 2021 If an individual satisfies all requirements of the Program, the Administrator shall inform the City Prosecutor, the Court and the Minnesota Commissioner of Public Safety (the "Commissioner"). Upon notice of successful completion, the City Prosecutor must decline to prosecute the individual or ensure the Court dismisses the charge. The City Prosecutor shall also ensure the Administrator informed the Commissioner so that the Commissioner may reinstate the individual's driver's license. Termination An individual's participation in the Program must be terminated if: 1. The individual is found guilty of a moving traffic violation; 2. The individual fails to provide proof of vehicle insurance; or 3. The administrator of the Program informs the commissioner that the individual is no longer satisfying the conditions of the Program. The Administrator may determine additional reasons for terminating an individual's participation in the Program. Fees Participation fees charged to Program participants shall be determined by the third party administrator of the Program and must comply with all requirements of Minnesota Statutes, section 171.2405. Reporting By February 1 of each even -numbered year, the Administrator shall provide a report to the City concerning the results of the Program. The report must include, without limitation, the effect of the Program on: 1. Recidivism rates for participants in the Program; 2. The number of participants who successfully completed the Program; 3. The amount charged to individuals for Program fees; 4. Payment of the fees and fines collected in the Program to cities, counties, and the state; 5. The total amount of money collected from participants in the Program; 6. The total amount of money, by category, paid or applied to reinstatement; 7. Educational support provided to participants in the Program; 8. The total number of participants in the Program; 9. The total number of participants terminated from the Program; 10. The reimbursement policy for all payments listed under clause (4) above; and 11. The amount of all payments listed under clause (4) above retained from participants who were terminated from the Program; and 12. All recommendations made by all cities and counties for which the Administrator administers the same or similar programs regarding the future of the Program and any necessary or suggested legislative changes.