45-45-83.50
Section 45-45-83.50 Violations. (a) In the event the offender violates the conditions of the PTIP agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the PTIP. (b) The district attorney, in his or her discretion, may waive a violation for good cause shown why the offender should stay in the PTIP. (Act 94-392, p. 645, § 11.)...
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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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45-9-82.25
Section 45-9-82.25 Program requirements. (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 periods of limitations established by statute 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 a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors...
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45-9-82.31
Section 45-9-82.31 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2005-148, p. 258, §12.)...
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45-27-82.24
Section 45-27-82.24 Program requirements; records. (a) An offender who enters an intervention program shall satisfy each of the following requirements: (1) 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 periods of limitations established by statute 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 a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial diversion program counselors and...
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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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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender who enters into the pretrial diversion program 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) Waive, in writing, his or her right to a jury trial. (4) Provide a statement, written by the offender, admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program, which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (6) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the...
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45-31-84.04
Section 45-31-84.04 Ineligibility for program. Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a threat to the safety or well being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where weapons are used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (6) The person may not hold a commercial driver license (CDL) issued in any state, any United States possession or...
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45-35A-56.03
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a threat to the safety or well being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where weapons are used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (6) The person may not hold a commercial driver license (CDL) issued in any state, any United States possession or...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender who enters into the pretrial diversion program 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) Waive, in writing, his or her right to a jury trial. (4) Provide a statement written by the offender, admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program, which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (6) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district...
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