45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider
an offender for the pretrial diversion program based on any of the following circumstances:
(1) There is a probability justice will be served if the offender is placed in the program.
(2) It is determined the needs of the state and of the offender can be met through the program.
(3) The offender appears to pose no substantial threat to the safety and well-being of the
community. (4) It appears the offender is not likely to be involved in further criminal activity.
(5) The offender will likely respond to rehabilitative treatment or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, § 5.)...
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45-9-82.25
Section 45-9-82.25 Program requirements. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) 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 district attorney taking into account all
circumstances of the offender and victim. (b) Pretrial diversion program records or records
related to pretrial diversion program admission shall not be admissible in subsequent proceedings,
criminal or civil. Communications between pretrial diversion program counselors...
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45-1-82.04
Section 45-1-82.04 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological tests taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion 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 pretrial diversion
program. The costs of any test or evaluation shall be paid by the offender or as otherwise
agreed to or as provided for by this part. (Act 2006-89, p. 110, §5.)...
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45-12-82.04
Section 45-12-82.04 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological tests taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion 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 pretrial diversion
program. The costs of any test or evaluation shall be paid by the offender or as otherwise
agreed to or as provided for by this part. (Act 2006-595, p. 1625, §5.)...
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45-16-82.24
Section 45-16-82.24 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological tests taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion 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 pretrial diversion
program. The costs of any test or evaluation shall be paid by the offender or as otherwise
agreed to or as provided for by this subpart. (Act 2005-145, p. 249,...
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45-17-81.14
Section 45-17-81.14 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological test taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion 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 pretrial diversion
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. (Act 2007-332, p. 588, §5.)...
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45-18-81.24
Section 45-18-81.24 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological test taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion 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 pretrial diversion
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. (Act 2004-478, p. 884, §5.)...
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45-23-82.04
Section 45-23-82.04 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological test taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion program. (b) The district attorney may require
the offender to submit to any type of test or evaluation process or interview that the district
attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion
program. The costs of any test or evaluation shall be paid by the offender or as otherwise
agreed to or provided for by this part. (Act 2005-130, p. 215, §5.)...
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45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the
pretrial diversion program shall satisfy each of the following requirements: (1) The offender
shall be eligible for and shall sign to have any bond on his or her case where diversion is
sought based on personal recognizance, cash, or a property bond and not a security bond. (2)
Voluntarily waive, in writing, and contingent upon the successful completion of the program,
his or her right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program,
of periods of limitations established by statutes or rules of court. (4) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(5) 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 district attorney taking
into account circumstances of the offender and victim. (6) A statement by the...
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45-27-82.23
Section 45-27-82.23 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological tests taken, and any other information concerning the offender which
the district attorney feels has a bearing on the decision as to whether or not the offender
should be admitted to the pretrial diversion 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 pretrial diversion
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. (Act 95-388, p. 791, §4.)...
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