45-7-82.29
Section 45-7-82.29 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
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement 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. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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45-2-81.46
Section 45-2-81.46 Costs and fees. An applicant for the Pre-Trial Intervention Program on each
charge shall pay a nonrefundable application fee of an amount not exceeding the cost of court
charged offense at the time the offense is charged. The assessment 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 costs of supervision, treatment, and restitution for which the person
may be responsible. In addition to the application fee, the offender shall pay an administration
and supervision fee not to exceed twenty-five dollars ($25) per week during the time that
the offender is in the Pre-Trial Intervention Program. Fees may be waived by the district
attorney or a schedule of payments for any of the abovementioned fees may be established by
the district attorney. 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...
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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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45-29-82.63
Section 45-29-82.63 Standards for admission. (a) 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 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 the
needs of the state 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. (b) The district attorney
may waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2003-190, 1st Sp. Sess., p. 502, §4.)...
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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) 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 the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no 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 never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) 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 pretrial diversion program. (3) It is determined the needs of the state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no 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 never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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45-16-82.23
Section 45-16-82.23 Standards for admission. (a) 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 the needs of the state 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. (b) The district attorney may waive any of the standards specified
in subsection (a) if justice or special circumstances dictate. (Act 2005-145, p. 249, §4.)...

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45-17-81.13
Section 45-17-81.13 Standards for admission. (a) 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 the needs of the state 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. (b) The district attorney may waive any of the standards specified
in subsection (a) if justice or special circumstances dictate. (Act 2007-332, p. 588, §4.)...

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