45-9-82.29
Section 45-9-82.29 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 sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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45-28-82.31
Section 45-28-82.31 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program, the district attorney may terminate the participation of the offender
in the program. The offender shall be given written notice of the intent of the district attorney
to terminate him or her from the pretrial diversion program including the reason for the termination.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2011-606, p. 1342, §12.)...
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45-39-82.11
Section 45-39-82.11 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program, the district attorney may terminate the participation of the offender
in the program. The offender shall be given written notice of the intent of the district attorney
to terminate him or her from the pretrial diversion program including the reason for the termination.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2011-651, p. 1661, §12.)...
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45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney 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 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. (5)
The offender will likely respond to rehabilitative treatment or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, § 5.)...
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45-1-82.08
Section 45-1-82.08 Self-improvement or self-help programs; drug testing. The district attorney
and the offender may enter into agreement as a part of the pretrial diversion program that
the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the district attorney to be in the best interest of the offender and society. The district
attorney may require the offender to submit to periodic or random drug or other testing as
a part of the pretrial diversion program and require other terms and conditions related to
substance abuse, domestic violence, or the offense charged as the district attorney may direct.
The offender shall pay the costs of all services unless otherwise approved by the district
attorney after considering the offender's ability to pay. (Act 2006-89, p. 110, §9.)...
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45-16-82.28
Section 45-16-82.28 Treatment programs; drug testing. The district attorney and the 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 any other self-improvement or self-help program
on an in-patient or out-patient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the offender's ability to pay. (Act 2005-145, p. 249, §9.)...
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45-17-81.18
Section 45-17-81.18 Substance abuse treatment program; drug testing. The district attorney
and the offender may enter into an agreement as a part of the pretrial diversion program of
an offender that the offender be admitted to a drug or alcohol program on an inpatient or
outpatient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the pretrial diversion program of the offender and other terms and conditions related to substance
abuse as the district attorney may direct. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2007-332, p. 588, §9.)...
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45-18-81.28
Section 45-18-81.28 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program of an offender that
the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis
or receive other treatment alternatives for substance abuse. The district attorney may require
the offender to submit to periodic or random drug testing as a part of the pretrial diversion
program of the offender and other terms and conditions related to substance abuse as the district
attorney may direct. The offender shall pay the costs of all services unless otherwise approved
by the district attorney. (Act 2004-478, p. 884, §9.)...
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45-23-82.08
Section 45-23-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program of an offender that
the offender be admitted to a drug or alcohol program on an inpatient basis or outpatient
basis or receive other treatment alternatives for substance abuse. The district attorney may
require the offender to submit to periodic or random drug testing as a part of the pretrial
diversion program of the offender and other terms and conditions related to substance abuse
as the district attorney may direct. The offender shall pay the costs of all services unless
otherwise approved by the district attorney. (Act 2005-130, p. 215, §9.)...
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45-27-82.30
Section 45-27-82.30 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender in the program and pursue
criminal charges against the offender. The offender shall be given written notice of the intent
of the district attorney to terminate him or her from the pretrial diversion program. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the pretrial diversion program. (Act 95-388, p. 791, §11.)...
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