45-31-84.05
Section 45-31-84.05 Standards for admission. (a) The city 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, 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 attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 2013-343, p....
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45-35A-56.04
Section 45-35A-56.04 Standards for admission. (a) The city 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, 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 attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 2012-445, p....
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45-37A-160.04
Section 45-37A-160.04 Standards for admission. (a) The city prosecutor 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 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 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 prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act...
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45-37A-240.24
Section 45-37A-240.24 Standards for admission. (a) The city prosecutor 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 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 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 prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act...
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45-37A-270.24
Section 45-37A-270.24 Standards for admittance. (a) The city prosecutor 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 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 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 prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act...
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45-39-82.08
Section 45-39-82.08 Treatment programs; drug testing. The district attorney and the offender may enter into an agreement, as a part of the pretrial diversion program, 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 or other terms and conditions related to substance abuse. The offender shall pay the costs of all services unless otherwise approved by the district attorney. (Act 2011-651, p. 1661, §9.)...
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45-42-82.45
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission and as a part of the district attorney's evaluation process, the district attorney may require the offender to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric treatment or care prescribed or received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision of whether or not the offender should be admitted to the 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 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. Further, the...
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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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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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45-17-81.20
Section 45-17-81.20 Pretrial Diversion Program Fund. The district attorney shall establish a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund 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, uniforms, professional or business attire, 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 2007-332, p. 588, §11.)...
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