45-3-82.45
Section 45-3-82.45 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) While in the program, agree, in writing, to the tolling of periods of limitations
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 pay restitution, if any, due the victim 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) The district attorney's pretrial diversion program records, along
with the records relating to pretrial diversion programs admission, are confidential records
and shall not be admissible in subsequent proceedings, criminal or...
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45-3-82.48
Section 45-3-82.48 Self-improvement programs; testing. The district attorney and the 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 any other self-improvement or self-help program
on an inpatient or outpatient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the offender's ability to pay. (Act 2007-499, p. 1058, §9.)...
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45-34-82.08
Section 45-34-82.08 Treatment programs; 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 in patient or out patient 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 2003-225, p. 566, §9.)...
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45-7-82.28
Section 45-7-82.28 Treatment programs; drug testing. The district attorney and the 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 any other self-improvement or self-help program
on an inpatient or outpatient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the ability of the offender to pay. (Act 2009-460, p. 802, §9.)...
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45-9-82.28
Section 45-9-82.28 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 2005-148, p. 258, §9.)...
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12-17-226.15
Section 12-17-226.15 Advisory board. If a district attorney establishes a pretrial diversion
program under this division, the district attorney may form an advisory board within the county
or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial
Diversion, for the purpose of assisting the district attorney in the determination of appropriate
pretrial diversion candidates. The district attorney shall retain the final decision as to
the admittance or denial of individuals into the pretrial diversion program, the fees, the
guidelines of the program, and any resources the pretrial diversion program utilizes. The
district attorney shall appoint all members of any advisory board and shall determine when
or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic,
urban and rural, and economic diversity of the circuit. The advisory board shall serve without
personal profit, but may be paid from the District Attorney's...
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45-1-82.05
Section 45-1-82.05 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) While in the program, the applicant shall agree, in writing, to the
tolling 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 pay restitution, if any, due the
victim 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. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the records...
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45-12-82.05
Section 45-12-82.05 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) While in the program, the applicant shall agree, in writing, to the
tolling 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 pay restitution, if any, due the
victim 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. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the...
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45-12-82.08
Section 45-12-82.08 Self-improvement or self-help programs; drug testing. The district attorney
and the 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 any other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the district attorney to be in the best interest of the offender and society. The district
attorney may require the offender to submit to periodic or random drug or other testing as
a part of the pretrial diversion program and require other terms and conditions related to
substance abuse, domestic violence, or the offense charged as the district attorney may direct.
The offender shall pay the costs of all services unless otherwise approved by the district
attorney after considering the offender's ability to pay. (Act 2006-595, p. 1625, §9.)...

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45-16-82.23
Section 45-16-82.23 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 2005-145, p. 249, §4.)...

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