15-18-114
Section 15-18-114 Investigation by department regarding inmate suitability; notice required;
objections. Employees of the department are authorized to make investigations and recommendations
concerning the suitability of certain inmates for the program and otherwise to assist the
commissioner in the implementation of the program authorized by this article. Provided, however,
before an inmate can come under the SIR program, the sentencing judge and district attorney
shall be given 10 days' written notice. Provided, however, before an inmate can come under
the SIR program, the victim who has received physical injury or bodily harm as a result of
the crime for which the inmate was incarcerated shall receive notice in the form of a letter
from the district attorney or prosecuting attorney at the last known address, one week prior
to the inmate going on the SIR program. Provided, further, the district attorney or prosecuting
attorney involved in prosecution of said inmate shall receive...
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45-23-82.03
Section 45-23-82.03 Standards for admission. 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 that the needs of the state and the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no substantial threat to the safety and wellbeing 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. (Act 2005-130, p. 215, §4.)...
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45-2-81.42
Section 45-2-81.42 Appropriateness of intervention. (a) Intervention shall be appropriate if:
(1) There is a likelihood justice will be served if the offender is placed in an intervention
program. (2) It is determined the needs of the state and of the offender can be met through
the Pre-Trial Intervention Program. (3) The offender poses 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.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice
or special circumstances dictate. (Act 97-692, p. 1045, §3.)...
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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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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program shall
be assessed a nonrefundable application fee on each charge of not more than five hundred dollars
($500) when the applicant is approved for the program. The amount of the assessment for participation
in the program shall be set from time to time by the district attorney. (b) The assessments
provided for under this section shall be in addition to any court costs and assessments for
victims or drug or alcohol treatment required by law, and are in addition to any other costs
of supervision, treatment, and restitution for which the person may be responsible. Fees may
be waived by the district attorney because of circumstances relating to a specific offender
and the financial status of the offender. The fees set out in this section are maximum and
may in the discretion of the district attorney be reduced because of circumstances relating
to a specific offender and the financial status of the...
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45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following
meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment
program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of
the following: a. A controlled substance, a drug or other substance for which a medical prescription
or other legal authorization is required for purchase, or any isomer, salt, optical isomer,
or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution,
use, or possession is forbidden by law. c. A substance otherwise legal to possess, including,
but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful
substances which are abused. (4) PARTICIPANT. A person who has been approved for participation
in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE.
An offense or charge as defined in...
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45-1-82.02
Section 45-1-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the circuit or district court of the Nineteenth
Judicial Circuit may apply to the district attorney for admittance to the pretrial diversion
program. (b) A person charged with any of the following offenses may apply for admission into
the program: (1) A traffic offense. (2) A property offense. (3) An offense wherein the victim
did not receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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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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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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