12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for
participation. (a) Any drug offender subject to this chapter who posts bail shall submit to
random observed drug tests as a condition of pretrial release. (b) A drug offender shall be
required to undergo a screening under any of the following conditions: (1) The results of
a drug test are positive. (2) The drug offender requests a screening. (3) The drug offender
admits to substance use or abuse within the year preceding the arrest for the present charge.
(4) The present charge involves a violation of the controlled substances or impaired driving
statutes. (5) The drug offender, within the previous five years, has been convicted in any
state or federal court involving a violation described in subsection (b)(1), (b)(3), or (b)(4).
(6) The drug offender refuses to undergo a drug test as required by this chapter. (c) Notwithstanding
the requirements of subsection (a), the court shall order a drug offender...
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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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45-35A-56.06
Section 45-35A-56.06 Written agreement; other terms and conditions. (a) Following the
decision of the city attorney to admit the offender into the pretrial diversion program, but
prior to entry, the city 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, all of the following: (1) A voluntary waiver of the right of the offender
to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city attorney. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
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45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the
decision of the city attorney to admit the offender into the pretrial diversion program, but
prior to entry, the city 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, all of the following: (1) A voluntary waiver of the right of the offender
to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city attorney. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
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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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45-28-82.29
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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