45-45-83.47
Section 45-45-83.47 Drug and alcohol services The district attorney and the offender may enter
into an agreement as a part of the PTIP 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 PTIP 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 such services unless otherwise agreed. (Act 94-392, p. 645, § 8.)...
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45-45-83.49
Section 45-45-83.49 Program administration. All fees paid by offenders as heretofore set out
shall be paid to the District Attorney of the Twenty-third Judicial Circuit. The district
attorney shall establish a Pretrial Intervention Fund. The district attorney shall use the
funds to pay costs associated with the administration of the PTIP or for other law enforcement
purposes. Costs associated with program administration shall include, but shall not be limited
to, salaries, rent, vehicles, telephones, postage, office supplies and equipment, training
and travel services, service contracts, and professional services. The district attorney,
in his or her discretion, may pay for services or programs for an offender while the offender
is in the PTIP if special circumstances and justice dictate. (Act 94-392, p. 645, § 10.)...

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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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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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12-17-226.14
Section 12-17-226.14 Funding of program. A pretrial diversion program established under this
division may apply for grants, may accept donations from individuals or corporations, and
may receive funding or appropriations from city, county, or state agencies or departments
to be used in the maintenance or expansion of the pretrial diversion program. Absent an express
agreement between the county commission, sheriff, and district attorney, no county commission
or any of its departments or agencies shall be required to participate in, or provide funding
for, any pretrial diversion program established under this division. (Act 2013-361, p. 1290,
§15.)...
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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily
waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling
of periods of limitations established by statutes or rules of court while in the program.
(3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
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45-16-82.30
Section 45-16-82.30 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. Except for the monies payable timely by the district attorney
to the circuit clerk, county commission's general fund, and law enforcement agency pursuant
to subsections (c), (d), and (e) of Section 45-16-82.27, fees paid by offenders pursuant to
Section 45-16-82.27 shall be placed into the Pretrial Diversion Program Fund. The district
attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated
with the administration of the pretrial diversion program and to pay those things earlier
herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated
with program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, telephones, communication equipment, postage, office
supplies and equipment, training and travel expenses, service...
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45-18-81.30
Section 45-18-81.30 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. Except for the twenty-five dollars ($25) payable to the
circuit clerk pursuant to subsection (c) of Section 45-18-81.27, fees paid by offenders pursuant
to Section 45-18-81.27 shall be placed into the pretrial diversion program fund. The district
attorney shall use the funds in the pretrial diversion program fund to pay costs associated
with the administration of the pretrial diversion program or for other law enforcement purposes.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies
and equipment, training and travel services, service contracts, and professional services.
The district attorney may pay for services or programs for an offender while the offender
is in the pretrial diversion program if special circumstances...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and 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 other self-improvement or self-help program on
an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal
prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program of the offender and require other terms and conditions related
to substance abuse, domestic violence, or the offense charged as the municipal prosecutor
may direct. (c) The offender shall pay the costs of all services unless otherwise approved
by the municipal court after considering the offender's ability to pay. (Act 2010-578, p.
1275, §9.)...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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