45-23-82.09
Section 45-23-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney will dispose of the charges against the offender in a noncriminal manner,
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-third Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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45-27-82.28
Section 45-27-82.28 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Twenty-first Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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45-29-82.69
Section 45-29-82.69 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney shall dispose of the charges against the offender in a noncriminal manner
or what charges the defendant shall plead guilty to and the sentence the offender shall receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Twenty-fourth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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45-34-82.09
Section 45-34-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Twentieth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. (b) As a condition of
being admitted to the pretrial diversion program, the district...
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45-4-83.09
Section 45-4-83.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Fourth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. (b) As a condition of
being admitted to the pretrial diversion program, the district...
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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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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement 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. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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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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