45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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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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45-9-82.31
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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12-17-226.8
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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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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