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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12-23-7
Section 12-23-7 Mandatory drug testing at own expense for person convicted of alcohol or drug-related
offenses and placed on probation or parole; treatment for persons who fail test; indigents
not required to pay. Any person who is convicted of an alcohol or drug-related offense and
who is placed on probation or parole shall be required to participate in an alcohol or drug
testing program at his own expense, unless he is determined to be indigent. Any such person
who fails the alcohol or drug test shall be required to: (1) Provide information needed to
conduct a treatment assessment; (2) Complete the recommended treatment; and (3) Pay for the
assessment, treatment and alcohol or drug testing unless the court finds he is indigent. Any
person who fails to complete treatment and pay for it shall be charged with violation of probation
or parole; provided, however, that indigents shall not be required to pay for treatment or
monitoring provided by court referral officers. (Acts 1990, No....
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45-28-82.24
Section 45-28-82.24 Admission into program. (a) Admittance into the pretrial diversion program
shall be in the sole discretion of the district attorney. To assist the district attorney
in the decision to admit the offender into the pretrial diversion program, the district attorney,
prior to the offender being admitted into the pretrial diversion program or as a part of the
district attorney's evaluation process, may require an offender to furnish to the district
attorney information concerning past criminal history, education history, work history, family
history, medical or psychiatric treatment history, psychological tests, or any other information
concerning the offender which the district attorney believes is applicable to determine whether
the offender should be admitted into the pretrial diversion program. (b) The district attorney
may require the offender to submit to any test or evaluation process the district attorney
deems appropriate in evaluating the offender for admittance...
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45-39-82.04
Section 45-39-82.04 Admission into program. (a) Admittance into the pretrial diversion program
shall be in the sole discretion of the district attorney. To assist the district attorney
in the decision to admit the offender into the pretrial diversion program, the district attorney,
prior to the offender being admitted into the pretrial diversion program or as a part of the
district attorney's evaluation process, may require an offender to furnish to the district
attorney information concerning past criminal history, education history, work history, family
history, medical or psychiatric treatment history, psychological tests, or any other information
concerning the offender which the district attorney believes is applicable to determine whether
the offender should be admitted into the pretrial diversion program. (b) The district attorney
may require the offender to submit to any test or evaluation process the district attorney
deems appropriate in evaluating the offender for admittance...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority necessary
to implement the purposes of this part, including, but not limited to, the authority necessary
to do all of the following: (1) Create or remove employment positions, set or alter pay scales,
employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity bonds for
the faithful performance of the duties of personnel. Any employment practices shall be in
accordance with applicable state and federal law. (2) Provide support and administrative services
for Lee County court referral officer programs, drug courts, district court probation, and
other alternative sentencing programs. The services may include, but not be limited to, providing
drug and alcohol evaluation, assessments, treatment, case management, personnel, drug and
alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol monitoring,
and supervision of those participating in the program. (3)...
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38-1-8
Section 38-1-8 Federal aid for certain felony offenders. Pursuant to subsection (d) of 21 U.S.C.
§862a, a person convicted of a drug related felony who is otherwise ineligible for aid under
the Temporary Assistance for Needy Families program, or the federal Supplemental Nutrition
Assistance Program, or both shall be eligible for the aid upon completion of his or her sentence
or if the person is satisfactorily serving a sentence of a period of probation, including
if the person has satisfactorily completed mandatory participation in a drug treatment program,
provided the person meets all other requirements for eligibility under the program or programs.
Any person eligible for aid pursuant to this provision shall still comply with all other requirements
for receiving aid, including those related to drug testing. (Act 2015-185, §12.)...
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45-1-82.09
Section 45-1-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the offender...
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45-12-82.09
Section 45-12-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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45-16-82.29
Section 45-16-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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45-3-82.49
Section 45-3-82.49 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to the approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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