45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any
condition 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, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into 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 2009-460, p. 802, §12.)...
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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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45-1-82.04
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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45-27-82.23
Section 45-27-82.23 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 feels 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 95-388, p. 791, §4.)...
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45-28-82.29
Section 45-28-82.29 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. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular charge and receive a specific sentence, an agreement concerning when the plea
of guilty will occur, to what charge to which the offender will plead guilty, and any sentence
to be imposed, shall be approved by an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior to admission of the offender
in the pretrial diversion program. (b) As a condition of being admitted into...
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