45-35A-56.03
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney to
be a threat to the safety or well being of the community shall not be eligible for the program.
An offender charged with any of the following types of offenses shall be ineligible for admittance:
(1) Any offense involving violence or aggression resulting in injury to a law enforcement
officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where weapons are used or where children are victims. (4)
Any driving under the influence charge where serious physical injuries are involved. (5) Any
offense wherein the offender is a public official and the charge is related to the capacity
of the offender as a public official. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
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45-35A-56.05
Section 45-35A-56.05 Admission into program. (a) Upon application by an offender for admission
into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation
process of the city attorney, the city 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 city attorney believes has a bearing on
the decision of whether or not the offender should be admitted to the program. (b) The city
attorney may require the offender to submit to any type of test or evaluation process or interview
the city 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 part. The offender shall provide...
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45-37A-160.10
Section 45-37A-160.10 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-430, p. 1715, §11.)...

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45-37A-240.30
Section 45-37A-240.30 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-431, p. 1724, §11.)...

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45-37A-270.30
Section 45-37A-270.30 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-429, p. 1707, §11.)...

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45-45A-31.29
Section 45-45A-31.29 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city judge may do any of
the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city judge may waive a violation for good
cause shown why the offender should stay in the program. (Act 2013-356, p. 1277, § 10.)...

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45-45A-31.30
Section 45-45A-31.30 Liability for conduct of offender. In no event shall the city judge, the
city attorney, or any other agency or service provider have any liability, criminal or civil,
for the conduct of any offender while participating in the pretrial diversion program or for
acceptance of an offender into the program. (Act 2013-356, p. 1277, § 11.)...
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45-42-82.50
Section 45-42-82.50 Violations; waiver. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the district attorney may do
any of the following: (1) Continue the agreement with or without modification. (2) Terminate
the agreement. (3) Require the offender to adopt a new agreement as a condition of continued
participation. (b) The district attorney may waive a violation for good cause showing why
the offender should stay in the program. (Act 2012-360, p. 892, § 11.)...
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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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12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance into
the pretrial diversion program shall be in the discretion of the district attorney. To assist
the district attorney in his or her decision to admit the offender into the pretrial diversion
program, the district attorney, prior to the offender being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, may require an offender
to furnish to the district attorney information concerning past criminal history, educational
history, work history, family history, medical or psychiatric treatment history, psychological
tests, or any other information concerning the offender which the district attorney believes
is applicable to determine whether the offender should be admitted into the pretrial diversion
program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
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