12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance
into the pretrial diversion program shall be in the discretion of the district attorney. To
assist the district attorney in his or her decision to admit the offender into the pretrial
diversion program, the district attorney, prior to the offender being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, may require
an offender to furnish to the district attorney information concerning past criminal history,
educational history, work history, family history, medical or psychiatric treatment history,
psychological tests, or any other information concerning the offender which the district attorney
believes is applicable to determine whether the offender should be admitted into the pretrial
diversion program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
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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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12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution
Services shall develop and maintain a pretrial diversion offender database. Any existing or
newly created pretrial diversion program, regardless of whether it was established by this
division or created by local law, municipal ordinance, or other administrative action, or
is an existing district attorney or municipal pretrial diversion program, shall be subject
to this section. Upon entry into any pretrial diversion program, the district attorney
or municipal prosecutor shall submit information, including the name, date of birth, and identifying
personal vital information of a participating offender. The district attorney or municipal
prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief
description of any underlying qualifying offense, and a brief description of the agreed upon
disposition of the offense. If the offender was prematurely terminated from the...
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45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
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45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the
pretrial diversion program by the city judge, the city attorney and the offender shall submit
the written application of the offender together with the statement of facts of the offender,
the acceptance of the offender by the city judge, and the agreement between the city attorney
and the offender to the court presiding over the affected case of the offender for the approval
of the court. The offender shall also enter a plea of guilty to the charge or charges involved.
If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction
of the application fee shall be refunded to the offender. The offender shall remain liable
for any actual expenses already incurred by the probation officer or any agency or service
provider in furtherance of the application and evaluation process and the same will be deducted
from any money so refunded to the offender. (b) Upon approval...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into the program, there shall be a written agreement between
the municipal prosecutor 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 municipal
prosecutor shall proceed to dispose of the charges against the offender or what charges the
offender will plead guilty to and the recommended disposition of the matter. If, as a part
of the pretrial diversion program, the offender agrees to plead guilty to a particular offense
and receive a recommended sentence, this agreement concerning the offense and recommended
sentence shall be submitted to and shall be subject to the approval of the municipal judge
prior to admission of the offender into the pretrial diversion program. (b) As a condition
to being admitted into the pretrial diversion program, the municipal prosecutor...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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