45-17-81.21
Section 45-17-81.21 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 2007-332, p. 588, §12.)...
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45-18-81.31
Section 45-18-81.31 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 as to why the offender should stay in
the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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45-23-82.11
Section 45-23-82.11 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 2005-130, p. 215, §12.)...
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45-29-82.71
Section 45-29-82.71 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 2003-190, 1st Sp. Sess., p. 502, §12.)...
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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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45-4-83.11
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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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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45-42-82.45
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission
into the pretrial diversion program, and prior to admission and as a part of the district
attorney's evaluation process, the district attorney may require the offender to furnish information
concerning past criminal history, education history, work record, family history, medical
or psychiatric treatment or care prescribed or received, psychological tests taken, and any
other information concerning the offender which the district attorney believes has a bearing
on the decision of whether or not the offender should be admitted to the program. (b) The
district attorney may require the offender to submit to any type of test or evaluation process
or interview the district attorney deems appropriate in evaluating the offender for admittance
into the program. The costs of any test or evaluation shall be paid by the offender or as
otherwise agreed to or provided for by this subpart. Further, the...
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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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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or her staff shall have
no liability, criminal or civil, for the conduct of any offender while participating in a
pretrial diversion program established under this division or of any service provider or its
agents that are contracted to or who have agreed to provide services to the pretrial diversion
program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney,
or his or her staff or its officers or employees, shall have no liability, criminal or civil,
for any injury or harm to the offender while the offender is a participant in any pretrial
diversion program administered pursuant to this division. The district attorney may require
written agreed upon waivers of liability as a prerequisite for admittance into the pretrial
diversion program. (c) Absent an agreement which includes the consent...
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