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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