45-17-81.16
Section 45-17-81.16 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of traffic citations, application shall be made within 21 days of the issuance of the citation. (b) At the discretion of the district attorney, the time provision of this section may be waived. (Act 2007-332, p. 588, §7.)...
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45-18-81.22
Section 45-18-81.22 Applicants for admittance. (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the Circuit or District Court of the Thirty-fifth Judicial Circuit may apply to the District Attorney of the Thirty-fifth Judicial Circuit for admittance to the pretrial diversion program. A person charged with any of the following offenses may apply for the program: (1) A traffic offense. (2) A property offense. (3) An offense in which the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (b) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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45-18-81.26
Section 45-18-81.26 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of traffic citations, application shall be made within 21 days of the issuance of the citation. (b) At the discretion of the district attorney, the time provision of this section may be waived. (Act 2004-478, p. 884, §7.)...
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45-23-82.06
Section 45-23-82.06 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of traffic citations, application shall be made within 21 days of the issuance of the citation. (b) At the discretion of the district attorney, the time provision of this section may be waived. (Act 2005-130, p. 215, §7.)...
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45-27-82.25
Section 45-27-82.25 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 45 days after service of the warrant or within 21 days following appointment of counsel for the charge for which the offender applies or at his or her first court appearance. (b) In the discretion of the district attorney, the time provision of this section may be waived. (Act 95-388, p. 791, §6.)...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and 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 other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor may require the offender to submit to periodic or random drug or other testing as a part of the pretrial diversion program of the offender and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the municipal prosecutor may direct. (c) The offender shall pay the costs of all services unless otherwise approved by the municipal court after considering the offender's ability to pay. (Act 2010-578, p. 1275, §9.)...
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45-28-82.27
Section 45-28-82.27 Costs and fees. (a) An offender may be assessed an application fee when he or she is approved for the program. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim's compensation fund, Department of Forensic Science assessments, drug, alcohol, or anger management treatments required by law, restitution, costs of supervision, or treatment. A schedule of payments for any of these fees may be established by the district attorney. (b) The amount of the application fee shall be determined by the district attorney and may not exceed the following amounts for each case for which the offender makes application for acceptance into the pretrial diversion program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses: Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay....
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45-29-82.63
Section 45-29-82.63 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 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 substantial 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. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 2003-190, 1st Sp. Sess., p. 502, §4.)...
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45-29-82.66
Section 45-29-82.66 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. (b) At the discretion of the district attorney, the time provision of this section may be waived. (Act 2003-190, 1st Sp. Sess., p. 502, §7.)...
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45-3-82.46
Section 45-3-82.46 Time for application. (a) Except for traffic offenses, an offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses, application shall be made within 21 days of the issuance of the citation. (b) For good cause established and at the discretion of the district attorney, the provision of subsection (a) may be waived by the district attorney. (Act 2007-499, p. 1058, §7.)...
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