45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the
pretrial diversion program agreed to in writing by the offender, the municipal prosecutor
may terminate the participation of the offender in the pretrial diversion program and may
actively pursue the prosecution of the offender for the offense or offenses or violation or
violations charged. The offender shall be given written notice of the intent of the municipal
prosecutor to terminate him or her from the pretrial diversion program, including the reason
for termination. If removed from the program by the municipal prosecutor, the offender shall
be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees
paid in application for and admission into the pretrial diversion program. (b) At his or her
discretion, the municipal prosecutor may waive a violation for good cause shown as to why
the offender should be allowed to remain in the pretrial diversion program. (Act...
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45-27A-30.04
Section 45-27A-30.04 Admission into program. (a) Prior to being admitted into the pretrial
diversion program or as a part of the evaluation process, an offender may be required by the
municipal prosecutor to furnish information concerning his or her past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the municipal prosecutor
believes may have a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The municipal prosecutor may require the offender to
submit to any type of test or evaluation process or interview that the municipal prosecutor
deems appropriate in evaluating the offender for admittance in the pretrial diversion program.
The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to
or as provided by this part. (Act 2010-578, p....
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45-37A-160.05
Section 45-37A-160.05 Admission to 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 prosecutor, the city prosecutor 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 prosecutor believes has a bearing
on the decision whether or not the offender should be admitted to the program. (b) The city
prosecutor may require the offender to submit to any type of test or evaluation process or
interview the city prosecutor 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 article. The offender...
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45-37A-240.25
Section 45-37A-240.25 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 prosecutor, the city prosecutor 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 prosecutor believes has a bearing
on the decision whether or not the offender should be admitted to the program. (b) The city
prosecutor may require the offender to submit to any type of test or evaluation process or
interview the city prosecutor 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 subpart. The offender...
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45-37A-270.25
Section 45-37A-270.25 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 prosecutor, the city prosecutor 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 prosecutor believes has a bearing
on the decision whether or not the offender should be admitted to the program. (b) The city
prosecutor may require the offender to submit to any type of test or evaluation process or
interview the city prosecutor 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 subpart. The offender...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or other self-improvement or self-help program on
an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal
prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program of the offender and require other terms and conditions related
to substance abuse, domestic violence, or the offense charged as the municipal prosecutor
may direct. (c) The offender shall pay the costs of all services unless otherwise approved
by the municipal court after considering the offender's ability to pay. (Act 2010-578, p.
1275, §9.)...
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45-37A-160.04
Section 45-37A-160.04 Standards for admission. (a) The city prosecutor 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 of 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 prosecutor may waive any of the standards specified in subsection
(a) if justice or special circumstances dictate. (Act...
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45-37A-240.24
Section 45-37A-240.24 Standards for admission. (a) The city prosecutor 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 of 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 prosecutor may waive any of the standards specified in subsection
(a) if justice or special circumstances dictate. (Act...
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45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of the periods
of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to
the conditions of the pretrial diversion program established by the prosecutor for the offender.
(4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period
of time and in an amount to be determined by the municipal court taking into account circumstances
of the offender and victim. Any restitution collected under this subsection shall be made
payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written
and signed by the offender, to the municipal prosecutor...
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45-45A-31.24
Section 45-45A-31.24 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 probation department of the city, the probation officer 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 probation officer believes
has a bearing on the decision whether or not the offender should be admitted to the program.
(b) The probation officer may require the offender to submit to any type of test or evaluation
process or interview the probation officer 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...
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