45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge
to admit the offender into the pretrial diversion program, but prior to entry, 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 jury trial. (6) A truthful and complete statement by...
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45-17-81.19
Section 45-17-81.19 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 or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Thirty-first
Judicial Circuit prior to admission of the offender into the pretrial diversion program. (b)
As a condition of being admitted into the pretrial diversion program, the...
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45-18-81.29
Section 45-18-81.29 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 or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Thirty-fifth
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a Pre-Trial Intervention Program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
following: (1) The terms of the Pre-Trial Intervention Program. (2) The length of the program.
(3) The period of time after which the district attorney will dispose of the charges against
the offender in a noncriminal manner or what charges the defendant will plead guilty to. (4)
The sentence the offender will receive. If as part of the Pre-Trial Intervention Program,
the offender agrees to plead guilty to a particular offense and receive a specific sentence,
this agreement concerning the offense and sentence shall be approved by an appropriate circuit
or district judge of the Twenty-eighth Judicial Circuit prior to admission of the offender
in the Pre-Trial Intervention Program. (b) As a condition of being admitted to...
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45-23-82.09
Section 45-23-82.09 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, or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Thirty-third
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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45-27-82.28
Section 45-27-82.28 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 or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate Circuit or District Judge of the Twenty-first
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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45-27A-30.03
Section 45-27A-30.03 Standards for admission. (a) Admittance of an offender into the
pretrial diversion program shall be appropriate if all of the following requirements are met:
(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 or violation was committed. (2) There
is a probability that justice will be served if the offender is placed in the pretrial diversion
program. (3) It is determined that the needs of the city 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. (5) It appears the offender is not likely to be
involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The offender has no previous record of committing the offense or offenses or
violation or violations with which he or she is charged. (b) The municipal...
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45-29-82.69
Section 45-29-82.69 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 shall dispose of the charges against the offender in a noncriminal
manner or what charges the defendant shall plead guilty to and the sentence the offender shall
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Twenty-fourth
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the municipality as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the
city attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT
OFFICER. As defined in Section 36-25-1(15), whether employed in the this state or elsewhere.
(5) MUNICIPALITY. A municipality in Geneva County that has a municipal court, city attorney,
and police department. (6) OFFENDER. Any person charged with a criminal offense, including,
but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing
law, which was allegedly committed in the corporate limits or police jurisdiction of the municipality.
(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-34-82.09
Section 45-34-82.09 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 or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Twentieth
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the district...
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