12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent
wantonness, negligence, or intentional misconduct, the district attorney or his or her staff
shall have no liability, criminal or civil, for the conduct of any offender while participating
in a pretrial diversion program established under this division or of any service provider
or its agents that are contracted to or who have agreed to provide services to the pretrial
diversion program. (b) Absent wantonness, negligence, or intentional misconduct, the district
attorney, or his or her staff or its officers or employees, shall have no liability, criminal
or civil, for any injury or harm to the offender while the offender is a participant in any
pretrial diversion program administered pursuant to this division. The district attorney may
require written agreed upon waivers of liability as a prerequisite for admittance into the
pretrial diversion program. (c) Absent an agreement which includes the consent...
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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters
into a pretrial diversion program established under this division shall be brought before
a court of competent jurisdiction and 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) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior
to entering into any agreement or seeking entry into a pretrial diversion program created
pursuant to this division, an offender must be represented by counsel or waive his or her
right to have counsel before a judge of a court of competent jurisdiction. If the offender
is indigent, nothing in this division shall prevent the court from appointing counsel to represent
an offender. (c) An offender who enters a pretrial diversion program pursuant to this...
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45-17-81.21
Section 45-17-81.21 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 2007-332, p. 588, §12.)...
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45-18-81.31
Section 45-18-81.31 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 as to why the offender should stay in
the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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45-23-82.11
Section 45-23-82.11 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 why the offender should stay in the pretrial
diversion program. (Act 2005-130, p. 215, §12.)...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender
may be admitted into the pretrial diversion program, it shall be appropriate for the district
attorney to consider any of the following circumstances: (1) The offender is 18 years of age
or older at the time the offense was committed. (2) There is a probability justice will be
served if the offender is placed in the pretrial diversion program. (3) It is determined the
needs of the community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal
activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed
wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim
or the offender has medical, psychiatric, or vocational difficulties that...
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45-29-82.71
Section 45-29-82.71 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 2003-190, 1st Sp. Sess., p. 502, §12.)...
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45-34-82.11
Section 45-34-82.11 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 why the offender should stay in the pretrial
diversion program. (Act 2003-225, p. 566, §12.)...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender
may be admitted into the pretrial diversion program, it shall be appropriate for the district
attorney to consider any of the following circumstances: (1) The offender is 18 years of age
or older at the time the offense was committed. (2) There is a probability justice will be
served if the offender is placed in the pretrial diversion program. (3) It is determined the
needs of the community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal
activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed
wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim
or the offender has medical, psychiatric, or vocational difficulties that...
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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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