45-27A-30.06
Section 45-27A-30.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first court appearance or arraignment,
whichever comes first. (b) At the discretion of the municipal prosecutor, the provision contained
in subsection (a) may be waived by the municipal court. (Act 2010-578, p. 1275, §7.)...
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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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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
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45-27-82.25
Section 45-27-82.25 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 45 days after service of the warrant or within 21 days following
appointment of counsel for the charge for which the offender applies or at his or her first
court appearance. (b) In the discretion of the district attorney, the time provision of this
section may be waived. (Act 95-388, p. 791, §6.)...
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12-17-226.9
Section 12-17-226.9 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of a pretrial diversion program established under this
division, that the offender be admitted to a certified 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 or other terms
and conditions related to substance abuse. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2013-361, p. 1290, §10.)...
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45-42-82.47
Section 45-42-82.47 Fees. (a) An offender may be assessed a nonrefundable application fee when
the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs or fees and assessments
for the crime victim's compensation fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the district attorney. (b) The amount of the application
fee shall be established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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45-45A-31.26
Section 45-45A-31.26 Fees. (a) An offender may be assessed a nonrefundable application fee
when the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city council in amounts to be determined by the city
council in its sole discretion. (b) The application fees, as determined by the city council,
shall be applied to the following offenses: (1) Driving under the influence (DUI). (2) Theft
of property in the third degree. (3) Other misdemeanor offenses as determined by the city
council. (c) The application fee shall be allocated to the general...
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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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45-42-82-42
Section 45-42-82-42 Application for admittance. An offender may apply to the district attorney
for admittance into the pretrial diversion program. The application shall be made in the time
and manner designated by the district attorney. (Act 2012-360, p. 892, § 3.)...
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