45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, the city attorney and the offender shall submit the written
application of the offender together with the statement of facts of the offender, the acceptance
of the offender by the city judge, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
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45-7-82.24
Section 45-7-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the evaluation process of the district attorney, an applicant may
be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological tests taken, and any other information concerning the offender which
the district attorney believes has a bearing on the decision as to whether the offender should
be admitted into the pretrial diversion program. (b) The district attorney may require the
offender to submit to any type of test or evaluation process or interview deemed appropriate
by the district attorney in evaluating the offender for admittance into the pretrial diversion
program. The costs of any test or evaluation shall be paid by the offender or as otherwise
agreed to or provided for by this subpart. (Act 2009-460, p. 802,...
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45-9-82.24
Section 45-9-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part or the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
test taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The district attorney may require the offender to submit
to any type of test or evaluation process or interview the district attorney deems appropriate
in evaluating the offender for admittance into the pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or provided
for by this subpart. (Act 2005-148, p. 258, §5.)...
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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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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and 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) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
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45-18-81.23
Section 45-18-81.23 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 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 substantial 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. (b) The district attorney may waive any of the
standards specified in subsection (a) if justice or special circumstances dictate. (Act 2004-478,
p. 884, §4.)...
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45-28-82.28
Section 45-28-82.28 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 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 2011-606, p. 1342, §9.)...
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45-3-82.43
Section 45-3-82.43 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 pretrial diversion program. (3) It is determined the needs of the state and
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 the rehabilitative treatment. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2007-499, p. 1058, §4.)...
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45-34-82.03
Section 45-34-82.03 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 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 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 2003-225,
p. 566, §4.)...
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45-39-82.08
Section 45-39-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of the pretrial diversion program, 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 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 2011-651, p. 1661, §9.)...
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