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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45-16-82.23
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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45-17-81.13
Section 45-17-81.13 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 2007-332, p. 588, §4.)...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into the program, there shall be a written agreement between the municipal prosecutor 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 municipal prosecutor shall proceed to dispose of the charges against the offender or what charges the offender will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receive a recommended sentence, this agreement concerning the offense and recommended sentence shall be submitted to and shall be subject to the approval of the municipal judge prior to admission of the offender into the pretrial diversion program. (b) As a condition to being admitted into the pretrial diversion program, the municipal prosecutor...
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45-29-82.63
Section 45-29-82.63 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 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 2003-190, 1st Sp. Sess., p. 502, §4.)...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, 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 attorney, 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 city attorney or any agency or service provider in furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, 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 attorney, 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 city attorney or any agency or service provider in furtherance of the application and evaluation process and the same shall be...
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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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45-9-82.23
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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12-17-226.7
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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