12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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45-1-82.05
Section 45-1-82.05 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) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the records...
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45-12-82.05
Section 45-12-82.05 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) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the...
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45-16-82.25
Section 45-16-82.25 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) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (b) The district attorney's
pretrial diversion program records, along with the records relating to pretrial diversion
programs admission, are confidential records and shall not be...
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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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45-23-82.03
Section 45-23-82.03 Standards for admission. 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 that the needs of the state and the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no substantial threat to the safety and wellbeing 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. (Act 2005-130, p. 215, §4.)...
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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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45-34-82.08
Section 45-34-82.08 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 in patient or out patient 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 2003-225, p. 566, §9.)...
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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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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a) In any
case in which an offender is admitted into a PTIP there shall be a written agreement between
the district attorney and the offender. The agreement shall include the terms of the intervention
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 shall plead guilty to and the sentence the offender shall receive. In all cases
where as part of the PTIP the offender agrees to plead guilty to a particular offense and
receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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