12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance into
the pretrial diversion program shall be in the discretion of the district attorney. To assist
the district attorney in his or her decision to admit the offender into the pretrial diversion
program, the district attorney, prior to the offender being admitted to 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, educational
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 examinations,
test, or evaluation process the district attorney deems...
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45-34-82.07
Section 45-34-82.07 Costs and fees. (a) An applicant shall be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this part may be waived or reduced for just cause at the discretion of the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses: up to eight hundred fifty dollars ($850).
(2) Misdemeanor offenses, excluding traffic: up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300). (4) Violations: up to two...
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12-23A-3
Section 12-23A-3 Legislative intent. (a) The Legislature recognizes that a critical need exists
in this state for the criminal justice system to more effectively address the number of defendants
who are involved with substance abuse or addiction. For the criminal justice system to maintain
credibility, court and community alternatives for the substance abuse and addiction involved
defendant must be expanded. A growing body of research demonstrates the impact of substance
abuse on public safety, personal health, and health care costs, the spread of communicable
disease, educational performance and attainment, work force reliability and productivity,
family safety, and financial stability. Requiring accountability and effective treatment,
in addition to or in place of, conventional and expensive incarceration, will promote public
safety, the welfare of the individuals involved, reduce the burden upon the State Treasury
and benefit the common welfare of this state. The goals of this...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate
wages. (a) Community punishment and corrections funds may be used to develop or expand the
range of community punishments and services at the local level. Community-based programs should
utilize evidence-based practices, as defined in Section 12-25-32, in the treatment and supervision
of program participants. The supervision and treatment of each program participant is expected
to be based on the participant's anticipated risk of reoffending, as determined through a
validated risk and needs assessment as defined in Section 12-25-32, administered by the program.
Supervision and treatment of program participants should include the following: (1) Use of
a validated risk and needs assessment; (2) Use of assessment results to provide guidance for
determining the appropriate level of supervision responses consistent with the levels of supervision
and evidence-based practices reasonably anticipated...
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25-5-331
Section 25-5-331 Definitions. As used in this article, the following words and terms shall
have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced. (2) CHAIN OF CUSTODY. The methodology
of tracking specified materials, specimens, or substances for the purpose of maintaining control
and accountability from initial collection to final disposition for all of the materials,
specimens, or substances and providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test results. (3) CONFIRMATION
TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific
drug or metabolite in a specimen. The confirmation test shall be different in scientific principle
from that of the initial test procedure. The confirmation method shall be capable of providing
requisite specificity, sensitivity, and quantitative...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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