45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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45-9-82.23
Section 45-9-82.23 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 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 2005-148, p. 258, §4.)...

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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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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or her staff shall have
no liability, criminal or civil, for the conduct of any offender while participating in a
pretrial diversion program established under this division or of any service provider or its
agents that are contracted to or who have agreed to provide services to the pretrial diversion
program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney,
or his or her staff or its officers or employees, shall have no liability, criminal or civil,
for any injury or harm to the offender while the offender is a participant in any pretrial
diversion program administered pursuant to this division. The district attorney may require
written agreed upon waivers of liability as a prerequisite for admittance into the pretrial
diversion program. (c) Absent an agreement which includes the consent...
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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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45-29-82.65
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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45-16-82.28
Section 45-16-82.28 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 in-patient or out-patient 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 2005-145, p. 249, §9.)...
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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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45-3-82.48
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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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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