45-29-82.69
Section 45-29-82.69 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 shall 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. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Twenty-fourth
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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45-34-82.09
Section 45-34-82.09 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 receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Twentieth
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the district...
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45-4-83.09
Section 45-4-83.09 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 receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Fourth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the district...
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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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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when
he or she is approved for a pretrial diversion program established under this division. The
amount of the fee for participation in the program shall be in addition to any court costs,
assessments for crime victim's compensation fund, Department of Forensic Sciences assessments,
drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision
or treatment. A schedule of payments for any of these fees may be established by the district
attorney. (b) The amount of the administration fee shall be determined by the district attorney.
The administration fees shall not exceed the amount assessed for a first offense pursuant
to Section 13A-12-281(a) for each case for which the offender makes application for
acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access
into the pretrial diversion program based solely on his or her inability to...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall
have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney
as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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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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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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45-37A-160.06
Section 45-37A-160.06 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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45-37A-240.26
Section 45-37A-240.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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