45-7-82.25
Section 45-7-82.25 Program requirements; records. (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) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statute 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 all circumstances of the offender and victim. (5) Voluntarily execute in writing
permission to search and seize illegal contraband or substances. (b) Pretrial diversion program
records, including admission records, are confidential and shall not be...
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45-9-82.25
Section 45-9-82.25 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) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statute 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 a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account all
circumstances of the offender and victim. (b) Pretrial diversion program records or records
related to pretrial diversion program admission shall not be admissible in subsequent proceedings,
criminal or civil. Communications between pretrial diversion program counselors...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement, written by the offender, admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement within
a specified period of time and in an amount to be determined by the...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement written by the offender, admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement within
a specified period of time and in an amount to be determined by the district...
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45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the
pretrial diversion program shall satisfy each of the following requirements: (1) The offender
shall be eligible for and shall sign to have any bond on his or her case where diversion is
sought based on personal recognizance, cash, or a property bond and not a security bond. (2)
Voluntarily waive, in writing, and contingent upon the successful completion of the program,
his or her right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program,
of periods of limitations established by statutes or rules of court. (4) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(5) If there is a victim of the crime, agree in writing to a restitution agreement 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. (6) A statement by the...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, 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, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the
decision of the district attorney to admit the offender into the pretrial diversion program,
but prior to entry, the district attorney and the offender shall enter into a written agreement
stating the conditions of the participation of the offender in the program. The agreement
shall include, but not be limited to, the following: (1) A voluntary waiver of the offender's
right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods
of limitations established by statute or rules of court. (3) An agreement to the conditions
of the program established by the district attorney. (4) If there is a victim of the charged
crime, an agreement to a restitution repayment 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 the victim. (5) A waiver in writing of the offender's right to a jury...
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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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45-1-82.09
Section 45-1-82.09 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 or what charges the defendant will plead guilty to and the recommended sentence the
offender is suggested to receive. If, as part of the pretrial diversion program, the offender
agrees to plead guilty to a particular offense and to be subjected to receive a recommended
specific sentence, this agreement concerning the offense and suggested or recommended sentence,
or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the offender...
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45-12-82.09
Section 45-12-82.09 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 or what charges the defendant will plead guilty to and the recommended sentence the
offender is suggested to receive. If, as part of the pretrial diversion program, the offender
agrees to plead guilty to a particular offense and to be subjected to receive a recommended
specific sentence, this agreement concerning the offense and suggested or recommended sentence,
or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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