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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45-23-82.08
Section 45-23-82.08 Treatment programs; drug testing. The district attorney and the
offender may enter into an agreement as a part of the pretrial diversion program of an offender
that the offender be admitted to a drug or alcohol program on an inpatient basis 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 as a part of the pretrial
diversion program of the offender and other terms and conditions related to substance abuse
as the district attorney may direct. The offender shall pay the costs of all services unless
otherwise approved by the district attorney. (Act 2005-130, p. 215, §9.)...
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45-29-82.65
Section 45-29-82.65 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 statutes or rules of court. (3) Waive in writing his or her
right to a jury trial. (4) Provide a statement as to his or her involvement in the offense
charged, 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 district attorney taking
into account circumstances of the offender and victim. (b) Pretrial diversion program records...

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45-3-82.45
Section 45-3-82.45 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) While in the program, agree, in writing, to the tolling of periods
of limitations by statutes 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 pay restitution, if any, due the victim 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. (b) The district attorney's pretrial diversion program
records, along with the records relating to pretrial diversion programs admission, are confidential
records and shall not be admissible in subsequent proceedings, criminal or...
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45-3-82.48
Section 45-3-82.48 Self-improvement programs; testing. The district attorney and the
offender may enter into an agreement as a part of the pretrial diversion program that the
offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the district attorney to be in the best interest of the offender and society. The district
attorney may require the offender to submit to periodic or random drug or other testing as
a part of the pretrial diversion program and require other terms and conditions related to
substance abuse, domestic violence, or the offense charged as the district attorney may direct.
The offender shall pay the costs of all services unless otherwise approved by the district
attorney after considering the offender's ability to pay. (Act 2007-499, p. 1058, §9.)...

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45-34-82.08
Section 45-34-82.08 Treatment programs; drug testing. The district attorney and the
offender may enter into an agreement as a part of the pretrial diversion program of an offender
that the offender be admitted to a drug or alcohol program on an in patient or out patient
basis or receive other treatment alternatives for substance abuse. The district attorney may
require the offender to submit to periodic or random drug testing as a part of the pretrial
diversion program of the offender and other terms and conditions related to substance abuse
as the district attorney may direct. The offender shall pay the costs of all services unless
otherwise approved by the district attorney. (Act 2003-225, p. 566, §9.)...
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45-4-83.08
Section 45-4-83.08 Self-improvement or self-help programs; drug testing. The district
attorney and the offender may enter into an agreement as a part of the pretrial diversion
program of an offender that the offender be admitted to a drug or alcohol program on an inpatient
or out-patient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the pretrial diversion program of the offender and other terms and conditions related to substance
abuse as the district attorney may direct. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2006-418, p. 1036, §9.)...
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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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45-42-82.45
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission
into the pretrial diversion program, and prior to admission and as a part of the district
attorney's evaluation process, the district attorney may require the offender to furnish information
concerning past criminal history, education history, work record, family history, medical
or psychiatric treatment or care prescribed or received, psychological tests taken, and any
other information concerning the offender which the district attorney believes has a bearing
on the decision of whether or not the offender should be admitted to the 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 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. Further, the...
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45-7-82.28
Section 45-7-82.28 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program
on an inpatient or outpatient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the ability of the offender to pay. (Act 2009-460, p. 802, §9.)...
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