45-4-83.02
Section 45-4-83.02 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
Fourth Judicial Circuit may apply to the district attorney 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, other than driving under the influence. (2) A property offense. (3)
An offense wherein 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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45-42-82-42
Section 45-42-82-42 Application for admittance. An offender may apply to the district attorney
for admittance into the pretrial diversion program. The application shall be made in the time
and manner designated by the district attorney. (Act 2012-360, p. 892, § 3.)...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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13A-5-8.1
Section 13A-5-8.1 Termination from alternative programs. If a defendant is participating in
a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32,
a court ordered faith-based program, or any other court ordered rehabilitative program and
is subsequently terminated from that program, the court may then order that the defendant
be confined in either a prison, jail-type institution, treatment institution, or a consenting
community corrections program. The court shall impose a sentence length that complies with
either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable.
Nothing in this section shall preclude the court from imposing a split sentence under Section
15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall
limit the court's discretion with regard to any defendant ordered to participate in a court
supervised evidence-based treatment program, as that term is defined...
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45-1-82.02
Section 45-1-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the circuit or district court of the Nineteenth
Judicial Circuit may apply to the district attorney for admittance to the pretrial diversion
program. (b) A person charged with any of the following offenses may apply for admission into
the program: (1) A traffic offense. (2) A property offense. (3) An offense wherein 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. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a) In any
case in which an offender is admitted into a PTIP there shall be a written agreement between
the district attorney and the offender. The agreement shall include the terms of the intervention
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 shall plead guilty to and the sentence the offender shall receive. In all cases
where as part of the PTIP the offender agrees to plead guilty to a particular offense and
receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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12-17-226.15
Section 12-17-226.15 Advisory board. If a district attorney establishes a pretrial diversion
program under this division, the district attorney may form an advisory board within the county
or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial
Diversion, for the purpose of assisting the district attorney in the determination of appropriate
pretrial diversion candidates. The district attorney shall retain the final decision as to
the admittance or denial of individuals into the pretrial diversion program, the fees, the
guidelines of the program, and any resources the pretrial diversion program utilizes. The
district attorney shall appoint all members of any advisory board and shall determine when
or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic,
urban and rural, and economic diversity of the circuit. The advisory board shall serve without
personal profit, but may be paid from the District Attorney's...
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45-12-82.02
Section 45-12-82.02 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
First Judicial Circuit may apply to the District Attorney of the First Judicial Circuit for
admittance to the pretrial diversion program. (b) A person charged with any of the following
offenses may apply for admission into the program: (1) A traffic offense. (2) A property offense.
(3) An offense wherein 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. (6) A violation classified under this code. (c) The following offenses are
ineligible for consideration for the pretrial diversion program: (1) Trafficking in or distribution
of drugs. (2) Any offense involving the abuse of a child or an...
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45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth
Judicial Circuit may apply to the District Attorney of the Twelfth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for admission into the program: (1) A traffic offense, other than driving under
the influence (DUI), or a traffic offense charged to a commercial driver license holder, whether
or not the holder was operating a commercial motor vehicle at the time of the offense. (2)
A property offense. (3) An offense wherein 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. (6) A violation classified...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein 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. (c) The following offenses are ineligible for consideration for
the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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