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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45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider
an offender for the pretrial diversion program based on any of the following circumstances:
(1) There is a probability justice will be served if the offender is placed in the program.
(2) It is determined the needs of the state and of the offender can be met through the program.
(3) The offender appears to pose no substantial threat to the safety and well-being of the
community. (4) It appears the offender is not likely to be involved in further criminal activity.
(5) The offender will likely respond to rehabilitative treatment or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, § 5.)...
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45-9-82.31
Section 45-9-82.31 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 why the offender should stay in the pretrial
diversion program. (Act 2005-148, p. 258, §12.)...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when
he or she is approved for a pretrial diversion program established under this division. 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 Sciences assessments,
drug, alcohol, or anger management treatments required by law, restitution, or 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 administration fee shall be determined by the district attorney.
The administration fees shall not exceed the amount assessed for a first offense pursuant
to Section 13A-12-281(a) for each case for which the offender makes application for
acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access
into the pretrial diversion program based solely on his or her inability to...
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45-1-82.04
Section 45-1-82.04 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of 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 tests 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 as provided for by this part. (Act 2006-89, p. 110, §5.)...
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45-12-82.04
Section 45-12-82.04 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of 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 tests 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 as provided for by this part. (Act 2006-595, p. 1625, §5.)...
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45-16-82.24
Section 45-16-82.24 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of 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 tests 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 as provided for by this subpart. (Act 2005-145, p. 249,...
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45-17-81.14
Section 45-17-81.14 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of 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 2007-332, p. 588, §5.)...
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45-18-81.24
Section 45-18-81.24 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of 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 2004-478, p. 884, §5.)...
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45-23-82.04
Section 45-23-82.04 Admission into program. (a) Prior to being admitted to the pretrial
diversion program or as a part of 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 that 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 part. (Act 2005-130, p. 215, §5.)...
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