45-27-82.30
Section 45-27-82.30 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 95-388, p. 791, §11.)...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the 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 community 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 well-being of the community or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the 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 community 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 well-being of the community or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that...
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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender's participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pretrial diversion program may be placed under the supervision of an existing community corrections program, or other alternative diversionary program, provided that the supervision is consistent with public safety and the best interests of the offender in furtherance of his or her treatment and rehabilitation in the community. (2) The court and the offender shall be given written notice of the intent of the district attorney to terminate the offender from the pretrial diversion program including the reason for the termination. If the offender is unavailable for notice or has absconded, the district attorney may provide notice of termination from the pretrial diversion...
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45-17-81.15
Section 45-17-81.15 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) 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 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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45-17-81.21
Section 45-17-81.21 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown as to why the offender should stay in the pretrial diversion program. (Act 2007-332, p. 588, §12.)...
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45-18-81.25
Section 45-18-81.25 Program requirements; records. (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) 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 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...
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45-18-81.31
Section 45-18-81.31 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown as to why the offender should stay in the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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45-23-82.11
Section 45-23-82.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2005-130, p. 215, §12.)...
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45-29-82.71
Section 45-29-82.71 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2003-190, 1st Sp. Sess., p. 502, §12.)...
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