45-9-82.24
Section 45-9-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part or 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 2005-148, p. 258, §5.)...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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12-17-226.9
Section 12-17-226.9 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of a pretrial diversion program established under this
division, that the offender be admitted to a certified drug or alcohol program on an inpatient
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 or other terms
and conditions related to substance abuse. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2013-361, p. 1290, §10.)...
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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the diversion program. (3) It is determined the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no threat to the safety and well-being of the community. (5) It appears the offender is not
likely to be involved in further criminal activity. (6) The offender will likely respond to
rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-28-82.28
Section 45-28-82.28 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 or alcohol program on an inpatient 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 or other terms and conditions related to substance
abuse. The offender shall pay the costs of all services unless otherwise approved by the district
attorney. (Act 2011-606, p. 1342, §9.)...
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45-31-84.04
Section 45-31-84.04 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney to
be a threat to the safety or well being of the community shall not be eligible for the program.
An offender charged with any of the following types of offenses shall be ineligible for admittance:
(1) Any offense involving violence or aggression resulting in injury to a law enforcement
officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where weapons are used or where children are victims. (4)
Any driving under the influence charge where serious physical injuries are involved. (5) Any
offense wherein the offender is a public official and the charge is related to the capacity
of the offender as a public official. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
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45-35A-56.03
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney to
be a threat to the safety or well being of the community shall not be eligible for the program.
An offender charged with any of the following types of offenses shall be ineligible for admittance:
(1) Any offense involving violence or aggression resulting in injury to a law enforcement
officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where weapons are used or where children are victims. (4)
Any driving under the influence charge where serious physical injuries are involved. (5) Any
offense wherein the offender is a public official and the charge is related to the capacity
of the offender as a public official. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
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45-39-82.08
Section 45-39-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of the pretrial diversion program, that the offender
be admitted to a drug or alcohol program on an inpatient 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 or other terms and conditions related to substance
abuse. The offender shall pay the costs of all services unless otherwise approved by the district
attorney. (Act 2011-651, p. 1661, §9.)...
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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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45-18-81.23
Section 45-18-81.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged 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 state 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 wellbeing of the community. (5) It appears
the offender is not likely to be involved in further criminal activity. (6) The offender will
likely respond to rehabilitative treatment. (b) The district attorney may waive any of the
standards specified in subsection (a) if justice or special circumstances dictate. (Act 2004-478,
p. 884, §4.)...
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