45-4-83.03
Section 45-4-83.03 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 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 2006-418, p. 1036, §4.)...
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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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45-42-82.47
Section 45-42-82.47 Fees. (a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participation in the program shall be in addition to any court costs or fees and assessments for the crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the district attorney. (b) The amount of the application fee shall be established by the district attorney. (c) The application fee shall be allocated and paid to the following offices or entities as follows: (1) Ten percent shall be allocated to the appropriate circuit or district court clerk in which the case originates to the clerk's fund as provided by law and shall be available for use, at the...
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45-9-82.23
Section 45-9-82.23 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 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 2005-148, p. 258, §4.)...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit for admittance to the program. (b) A person charged with any of the following offenses may apply for the pretrial diversion program: (1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor or...
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12-17-226.9
Section 12-17-226.9 Treatment programs; drug testing. The district attorney and the offender may enter into an agreement, as a part of a pretrial diversion program established under this division, that the offender be admitted to a certified 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 or other terms and conditions related to substance abuse. The offender shall pay the costs of all services unless otherwise approved by the district attorney. (Act 2013-361, p. 1290, §10.)...
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45-28-82.26
Section 45-28-82.26 Time for application. An offender shall make application to the pretrial diversion program at a time to be determined by the district attorney. (Act 2011-606, p. 1342, §7.)...
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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program shall be assessed a nonrefundable application fee on each charge of not more than five hundred dollars ($500) when the applicant is approved for the program. The amount of the assessment for participation in the program shall be set from time to time by the district attorney. (b) The assessments provided for under this section shall be in addition to any court costs and assessments for victims or drug or alcohol treatment required by law, and are in addition to any other costs of supervision, treatment, and restitution for which the person may be responsible. Fees may be waived by the district attorney because of circumstances relating to a specific offender and the financial status of the offender. The fees set out in this section are maximum and may in the discretion of the district attorney be reduced because of circumstances relating to a specific offender and the financial status of the...
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45-39-82.06
Section 45-39-82.06 Time for application. An offender shall make application to the pretrial diversion program at a time to be determined by the district attorney. (Act 2011-651, p. 1661, §7.)...
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12-17-226.7
Section 12-17-226.7 Time for application. An offender shall make application to a pretrial diversion program established under this division at a time to be determined by the district attorney, but in the case of a felony, may not be more than 90 days after arraignment. (Act 2013-361, p. 1290, §8.)...
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