45-12-82.03
Section 45-12-82.03 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 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 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...
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45-28-82.31
Section 45-28-82.31 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program, the district attorney may terminate the participation of the offender
in the program. 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 2011-606, p. 1342, §12.)...
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45-39-82.11
Section 45-39-82.11 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program, the district attorney may terminate the participation of the offender
in the program. 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 2011-651, p. 1661, §12.)...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following circumstances: (1) The offender is 18 years of
age or older at the time the alleged offense was committed; 16 years of age or older if the
offense is a traffic violation. (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 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. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in the state. (8) The offender has no prior
felony convictions. (9) The offender does not hold a commercial...
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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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45-17-81.21
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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45-18-81.31
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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45-27-82.30
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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