45-27A-30.03
Section 45-27A-30.03 Standards for admission. (a) Admittance of an offender into the pretrial
diversion program shall be appropriate if all of the following requirements are met: (1) The
offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic
citation, at the time the alleged offense or violation was committed. (2) There is a probability
that justice will be served if the offender is placed in the pretrial diversion program. (3)
It is determined that the needs of the city and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community. (5) It appears the offender is not likely to be involved in further
criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The
offender has no previous record of committing the offense or offenses or violation or violations
with which he or she is charged. (b) The municipal...
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45-37A-270.24
Section 45-37A-270.24 Standards for admittance. (a) The city prosecutor may consider an offender
for the pretrial diversion program based on any of the following circumstances: (1) There
is a probability justice will be served if the offender is placed in the program. (2) It is
determined the needs of the state, city, and of the offender can be met through the program.
(3) The offender appears to pose no substantial threat to the safety and well-being of the
community. (4) It appears the offender is not likely to be involved in further criminal activity
if the offender complies with all conditions imposed pursuant to the program. (5) The offender
will likely respond to rehabilitative treatment or counseling. (6) The need for restitution
for the victim from the offender outweighs the interest of the state and city for incarceration
of the offender. (b) The city prosecutor may waive any of the standards specified in subsection
(a) if justice or special circumstances dictate. (Act...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, the city attorney and the offender shall submit the written
application of the offender together with the statement of facts of the offender, the acceptance
of the offender by the city judge, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
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45-27A-30.04
Section 45-27A-30.04 Admission into program. (a) Prior to being admitted into the pretrial
diversion program or as a part of the evaluation process, an offender may be required by the
municipal prosecutor to furnish information concerning his or her past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the municipal prosecutor
believes may have a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The municipal prosecutor may require the offender to
submit to any type of test or evaluation process or interview that the municipal prosecutor
deems appropriate in evaluating the offender for admittance in the pretrial diversion program.
The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to
or as provided by this part. (Act 2010-578, p....
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45-35A-56.02
Section 45-35A-56.02 Application for admittance. An offender may apply to the city for admittance
into the pretrial diversion program. (Act 2012-445, p. 1248, §3.)...
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45-37A-160.02
Section 45-37A-160.02 Application for admittance. An offender may apply to the city for admittance
into the pretrial diversion program. (Act 2013-430, p. 1715, §3.)...
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