12-17-226.7
Section 12-17-226.7 Time for application. An offender shall make application to a pretrial
diversion program established under this division at a time to be determined by the district
attorney, but in the case of a felony, may not be more than 90 days after arraignment. (Act
2013-361, p. 1290, §8.)...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community 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 or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement 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. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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45-1-82.06
Section 45-1-82.06 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provision of subsection (a)
may be waived by the district attorney. (Act 2006-89, p. 110, §7.)...
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45-12-82.06
Section 45-12-82.06 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, subsection (a) may be waived by
the district attorney. (Act 2006-595, p. 1625, §7.)...
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45-16-82.26
Section 45-16-82.26 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provisions of subsection (a)
may be waived by the district attorney. (Act 2005-145, p. 249, §7.)...
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45-3-82.46
Section 45-3-82.46 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provision of subsection (a)
may be waived by the district attorney. (Act 2007-499, p. 1058, §7.)...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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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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