45-4-83.03
Section 45-4-83.03 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 substantial 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. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2006-418, p. 1036, §4.)...
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45-4-83.11
Section 45-4-83.11 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 as to why the offender should stay in
the pretrial diversion program. (Act 2006-418, p. 1036, §12.)...
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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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45-45A-31.23
Section 45-45A-31.23 Standards for admission. (a) The city judge 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, city, and 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
if the offender complies with all conditions imposed pursuant to the program. (5) The offender
will likely respond to rehabilitative treatment or counseling. (6) The need for restitution
for the victim from the offender outweighs the interest of the state and city for incarceration
of the offender. (b) The city judge may waive any of the standards specified in subsection
(a) if justice or special circumstances dictate. (Act 2013-356, p. 1277, §...
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45-9-82.23
Section 45-9-82.23 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 substantial 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. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2005-148, p. 258, §4.)...
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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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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability
under program. (a) A person charged with a criminal offense under the jurisdiction of the
municipal court in a municipality that has established a pretrial diversion program may apply
to the court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions
of a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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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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12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance
into the pretrial diversion program shall be in the discretion of the district attorney. To
assist the district attorney in his or her decision to admit the offender into the pretrial
diversion program, the district attorney, prior to the offender being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, may require
an offender to furnish to the district attorney information concerning past criminal history,
educational history, work history, family history, medical or psychiatric treatment history,
psychological tests, or any other information concerning the offender which the district attorney
believes is applicable to determine whether the offender should be admitted into the pretrial
diversion program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
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