45-34-82.11
Section 45-34-82.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2003-225, p. 566, §12.)...
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45-4-83.05
Section 45-4-83.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program...
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45-4-83.11
Section 45-4-83.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown as to why the offender should stay in the pretrial diversion program. (Act 2006-418, p. 1036, §12.)...
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45-9-82.25
Section 45-9-82.25 Program requirements. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors...
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45-9-82.31
Section 45-9-82.31 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2005-148, p. 258, §12.)...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with any of the following offenses may apply for the program: (1) Any traffic offense. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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45-17-81.18
Section 45-17-81.18 Substance abuse treatment program; drug testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program of an offender that the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing as a part of the pretrial diversion program of the offender and other terms and conditions related to substance abuse as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney. (Act 2007-332, p. 588, §9.)...
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45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) The offender shall be eligible for and shall sign to have any bond on his or her case where diversion is sought based on personal recognizance, cash, or a property bond and not a security bond. (2) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (4) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (5) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (6) A statement by the...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling of periods of limitations established by statutes or rules of court while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement, written by the offender, admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program, which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (6) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the...
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45-29-82.68
Section 45-29-82.68 Substance abuse treatment program; drug testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program of an offender that the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing as a part of the pretrial diversion program of the offender and other terms and conditions related to substance abuse as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney. (Act 2003-190, 1st Sp. Sess., p. 502, §9.)...
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