45-18-81.22
Section 45-18-81.22 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
Thirty-fifth Judicial Circuit may apply to the District Attorney of the Thirty-fifth Judicial
Circuit 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. (2) A property offense.
(3) An offense in which 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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45-18-81.28
Section 45-18-81.28 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program of an offender that
the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis
or receive other treatment alternatives for substance abuse. The district attorney may require
the offender to submit to periodic or random drug testing as a part of the pretrial diversion
program of the offender and other terms and conditions related to substance abuse as the district
attorney may direct. The offender shall pay the costs of all services unless otherwise approved
by the district attorney. (Act 2004-478, p. 884, §9.)...
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45-23-82.08
Section 45-23-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program of an offender that
the offender be admitted to a drug or alcohol program on an inpatient basis or outpatient
basis or receive other treatment alternatives for substance abuse. The district attorney may
require the offender to submit to periodic or random drug testing as a part of the pretrial
diversion program of the offender and other terms and conditions related to substance abuse
as the district attorney may direct. The offender shall pay the costs of all services unless
otherwise approved by the district attorney. (Act 2005-130, p. 215, §9.)...
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45-27-82.29
Section 45-27-82.29 Pretrial diversion fund. The district attorney shall establish a Pretrial
Diversion Fund. All fees paid by offenders as set out in this subpart to the district attorney
shall be placed into the Pretrial Diversion Fund. The district attorney shall use the funds
to pay costs associated with the administration of the pretrial diversion program or for other
law enforcement purposes. Costs associated with program administration shall include, but
shall not be limited to, salaries, rent, vehicles, telephones, postage, office supplies and
equipment, training and travel services, service contracts, and professional services. The
district attorney may pay for services or programs for an offender while the offender is in
the pretrial diversion program if special circumstances and justice dictate. (Act 95-388,
p. 791, §10.)...
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45-3-82.42
Section 45-3-82.42 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
Third Judicial Circuit may apply to the District Attorney of the Third 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) A traffic offense, other than driving under the influence
(DUI) or a traffic offense charged to a commercial driver's 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 under the Code of...
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45-3-82.45
Section 45-3-82.45 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) While in the program, agree, in writing, to the tolling of periods of limitations
by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (4) If there is a victim of the crime, agree
in writing to pay restitution, if any, due the victim 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) The district attorney's pretrial diversion program records, along
with the records relating to pretrial diversion programs admission, are confidential records
and shall not be admissible in subsequent proceedings, criminal or...
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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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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-34-82.02
Section 45-34-82.02 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
Twentieth Judicial Circuit may apply to the District Attorney of the Twentieth 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) 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 under this...
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45-34-82.08
Section 45-34-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program of an offender that
the offender be admitted to a drug or alcohol program on an in patient or out patient basis
or receive other treatment alternatives for substance abuse. The district attorney may require
the offender to submit to periodic or random drug testing as a part of the pretrial diversion
program of the offender and other terms and conditions related to substance abuse as the district
attorney may direct. The offender shall pay the costs of all services unless otherwise approved
by the district attorney. (Act 2003-225, p. 566, §9.)...
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