12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender
may be admitted into a pretrial diversion program established under this division, it shall
be appropriate for the district attorney to consider any of the following circumstances: (1)
If the offender is 18 years of age or older at the time the offense was committed. (2) There
is a probability justice will be served if the offender is placed in the pretrial diversion
program. (3) It is determined the needs of the community and of the offender can be met through
the pretrial diversion program. (4) The offender appears to pose no substantial threat to
the safety and well-being of the community or law enforcement. (5) The offender is not likely
to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial
diversion program. (8) Undue hardship upon the victim. (9) Whether the...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender
may be admitted into the pretrial diversion program, it shall be appropriate for the district
attorney to consider any of the following circumstances: (1) The offender is 18 years of age
or older at the time the offense was committed. (2) There is a probability justice will be
served if the offender is placed in the pretrial diversion program. (3) It is determined the
needs of the community and of the offender can be met through the pretrial diversion program.
(4) The offender appears to pose no substantial threat to the safety and well-being of the
community or law enforcement. (5) The offender is not likely to be involved in further criminal
activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed
wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim
or the offender has medical, psychiatric, or vocational difficulties that...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender
may be admitted into the pretrial diversion program, it shall be appropriate for the district
attorney to consider any of the following circumstances: (1) The offender is 18 years of age
or older at the time the offense was committed. (2) There is a probability justice will be
served if the offender is placed in the pretrial diversion program. (3) It is determined the
needs of the community and of the offender can be met through the pretrial diversion program.
(4) The offender appears to pose no substantial threat to the safety and well-being of the
community or law enforcement. (5) The offender is not likely to be involved in further criminal
activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed
wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim
or the offender has medical, psychiatric, or vocational difficulties that...
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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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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following circumstances: (1) The offender is 18
years of age or older at the time the alleged offense was committed; 16 years of age or older
if the offense is a traffic violation. (2) There is a probability justice will be served if
the offender is placed in the pretrial diversion program. (3) It is determined the needs of
the state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no 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. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in the state. (8) The offender
has no prior felony convictions. (9) The offender does not hold a commercial...
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45-27-82.22
Section 45-27-82.22 Standards for admission. (a) Diversion shall be appropriate if:
(1) The offender is 18 years of age or older at the time the alleged offense was committed.
(2) There is a likelihood justice will be served if the offender is placed in the diversion
program. (3) It is determined the needs of the state and of the offender can be met through
the pretrial diversion program. (4) The offender poses no substantial threat to the safety
and well-being 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.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice
or special circumstances dictate. (Act 95-388, p. 791, §3.)...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) 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 pretrial diversion program. (3) It is determined the needs
of the state and of the offender can be met through the pretrial diversion program. (4) The
offender appears to pose no threat to the safety and well-being 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. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in any state. (8) The offender
has no prior misdemeanor or felony convictions. (b) The district attorney may...
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45-29-82.63
Section 45-29-82.63 Standards for admission. (a) 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 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
the needs of the state and of the offender can be met through the pretrial diversion program.
(4) The offender appears to pose no substantial threat to the safety and well-being 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. (b) The district attorney
may waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2003-190, 1st Sp. Sess., p. 502, §4.)...
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45-18-81.23
Section 45-18-81.23 Standards for admission. (a) 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 pretrial diversion program (3) It is determined the needs
of the state and of 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. (b) The district attorney may
waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2004-478, p. 884, §4.)...
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45-3-82.43
Section 45-3-82.43 Standards for admission. (a) 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 pretrial diversion program. (3) It is determined 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 well-being 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 the rehabilitative treatment. (b) The district attorney may waive any
of the standards specified in subsection (a) if justice or special circumstances dictate.
(Act 2007-499, p. 1058, §4.)...
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