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-30.04
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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45-45A-31.23
Section 45-45A-31.23 Standards for admission. (a) The city judge 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 judge may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 2013-356, p. 1277, §...
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45-31-84.11
Section 45-31-84.11 Violations; waiver. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney 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 attorney may waive a violation for good cause shown why the offender should stay in the program. (Act 2013-343, p. 1205, §12.)...
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45-35A-56.10
Section 45-35A-56.10 Violations; waiver. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney 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 attorney may waive a violation for good cause shown why the offender should stay in the program. (Act 2012-445, p. 1248, §11.)...
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45-37A-160.11
Section 45-37A-160.11 Liability for conduct of offender. In no event shall the city prosecutor 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, unless the event was foreseeable. (Act 2013-430, p. 1715, §12.)...
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45-37A-240.31
Section 45-37A-240.31 Liability for conduct of offender. In no event shall the city prosecutor 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, unless the event was foreseeable. (Act 2013-431, p. 1724, §12.)...
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45-37A-270.31
Section 45-37A-270.31 Liability for conduct of offender. In no event shall the city prosecutor 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, unless the event was foreseeable. (Act 2013-429, p. 1707, §12.)...
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45-45-83.44
Section 45-45-83.44 Agreement required of offender in program. (a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon his or her 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 periods of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions of the intervention program established by the district attorney. (4) In the event there is a victim of the crime agree, in writing, to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pretrial intervention records or records related to pretrial intervention admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial intervention counselors and defendants shall be privileged unless a...
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45-45A-31.22
Section 45-45A-31.22 Applicants for admittance. Admittance into the pretrial diversion program is in the sole discretion of the city judge. An offender deemed by the city judge 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 territory,...
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