Except as otherwise provided, in any criminal prosecution for misdemeanors, petty offenses or Code violations, the prosecuting attorney may, at any time during the prosecution, state in writing whether or not he or she will seek incarceration as part of the penalty upon conviction of a crime for which the defendant has been charged. If the prosecuting attorney does not seek incarceration as part of such penalty, legal representation and supporting services need not thereafter be provided by the defendant at state expense, and no such defendant shall be incarcerated if found guilty of the charges against him or her, but the defendant shall be subject to all alternatives available to the court under Section 16-11-502, C.R.S., and to alternatives available to the Town under this Code for failure to pay fines and costs. (Ord. 303 §1-302, 1977)