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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45-28-82.31
Section 45-28-82.31 Violations; waiver. (a) If the offender violates the conditions
of the pretrial diversion program, the district attorney may terminate the participation of
the offender in the program. 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 2011-606, p. 1342,
§12.)...
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45-31-84.02
Section 45-31-84.02 Establishment of pretrial diversion program; discretionary powers;
supervision and control. (a) A municipality may establish a pretrial diversion program. (b)
All discretionary powers endowed by a common law and provided by statutes and acts of this
state or powers or discretion otherwise provided by law for the municipality shall be retained.
(c) The pretrial diversion program shall be under the direct supervision and control of the
municipality and the municipality may contract with any agency, person, or corporation for
services related to this part. The municipality may employ necessary persons to accomplish
this part and those persons shall serve at the pleasure of the municipality. (Act 2013-343,
p. 1205, §3.)...
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45-39-82.11
Section 45-39-82.11 Violations; waiver. (a) If the offender violates the conditions
of the pretrial diversion program, the district attorney may terminate the participation of
the offender in the program. 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 2011-651, p. 1661,
§12.)...
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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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45-17-81.15
Section 45-17-81.15 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 statutes 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 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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45-17-81.18
Section 45-17-81.18 Substance abuse treatment program; drug testing. The district attorney
and the offender may enter into an agreement as a part of the pretrial diversion program 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 pretrial diversion program 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 services
unless otherwise approved by the district attorney. (Act 2007-332, p. 588, §9.)...
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45-18-81.25
Section 45-18-81.25 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 periods
of limitations established by statutes 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 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...
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45-27-82.30
Section 45-27-82.30 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 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 pretrial diversion program. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the pretrial diversion program. (Act 95-388, p. 791, §11.)...
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45-29-82.68
Section 45-29-82.68 Substance abuse treatment program; drug testing. The district attorney
and the offender may enter into an agreement as a part of the pretrial diversion program 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 pretrial diversion program 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 services
unless otherwise approved by the district attorney. (Act 2003-190, 1st Sp. Sess., p. 502,
§9.)...
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