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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45-42-82.47
Section 45-42-82.47 Fees. (a) An offender may be assessed a nonrefundable application fee when
the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs or fees and assessments
for the crime victim's compensation fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the district attorney. (b) The amount of the application
fee shall be established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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45-9-82.29
Section 45-9-82.29 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 receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program shall
be assessed a nonrefundable application fee on each charge of not more than five hundred dollars
($500) when the applicant is approved for the program. The amount of the assessment for participation
in the program shall be set from time to time by the district attorney. (b) The assessments
provided for under this section shall be in addition to any court costs and assessments for
victims or drug or alcohol treatment required by law, and are in addition to any other costs
of supervision, treatment, and restitution for which the person may be responsible. Fees may
be waived by the district attorney because of circumstances relating to a specific offender
and the financial status of the offender. The fees set out in this section are maximum and
may in the discretion of the district attorney be reduced because of circumstances relating
to a specific offender and the financial status of the...
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45-28-82.27
Section 45-28-82.27 Costs and fees. (a) An offender may be assessed an application fee when
he or she is approved for the program. 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 Science assessments, drug, alcohol, or anger management treatments
required by law, restitution, 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 application
fee shall be determined by the district attorney and may not exceed the following amounts
for each case for which the offender makes application for acceptance into the pretrial diversion
program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses:
Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the
pretrial diversion program based solely on his or her inability to pay....
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45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this subpart may be waived or reduced due to indigency or reduced ability
to pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) The following...
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45-39-82.07
Section 45-39-82.07 Costs and fees. (a) An offender may be assessed an application fee when
he or she is approved for the program. 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 Science assessments, drug, alcohol, or anger management treatments
required by law, restitution, 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 application
fee shall be determined by the district attorney and may not exceed the following amounts
for each case for which the offender makes application for acceptance into the pretrial diversion
program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses:
Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the
pretrial diversion program based solely on his or her inability to pay....
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45-37A-160.06
Section 45-37A-160.06 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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45-37A-240.26
Section 45-37A-240.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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