13A-5-8.1
Section 13A-5-8.1 Termination from alternative programs. If a defendant is participating in
a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32,
a court ordered faith-based program, or any other court ordered rehabilitative program and
is subsequently terminated from that program, the court may then order that the defendant
be confined in either a prison, jail-type institution, treatment institution, or a consenting
community corrections program. The court shall impose a sentence length that complies with
either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable.
Nothing in this section shall preclude the court from imposing a split sentence under Section
15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall
limit the court's discretion with regard to any defendant ordered to participate in a court
supervised evidence-based treatment program, as that term is defined...
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12-25-37
Section 12-25-37 Post-release supervision. (a) An offender sentenced based on the voluntary
truth-in-sentencing standards is released from incarceration to post-release supervision on
the date equivalent to the expiration of the minimum term of sentence plus any additional
time added by the Department of Corrections on the offender's extended term of sentence. In
no event, however, shall an offender's initial release date be later than the date equivalent
to the extended term less the time equivalent to the period of post-release supervision. (b)
An offender may not refuse post-release supervision. (c) An offender whose offense was committed
after the effective date of the voluntary truth-in-sentencing standards but whose sentence
of active incarceration was a departure from the standards, shall be released to post-release
supervision one year prior to the date calculated as the end of the offender's sentence. (d)
Before an offender is released to post-release supervision, the Board of...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) The offender is 18 years of age or older
at the time the 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 community 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
or law enforcement. (5) The offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of
the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender
who enters into the pretrial diversion program 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) Waive, in writing, his or her right to a jury trial. (4) Provide a statement,
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) 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...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) The offender is 18 years of age or older
at the time the 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 community 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
or law enforcement. (5) The offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of
the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program 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) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) 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...
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15-20A-26
Section 15-20A-26 Juvenile sex offender - Treatment; risk assessment. (a) Upon adjudication
of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex
offender treatment by a sex offender treatment program or provider approved by the Department
of Youth Services. (b) Upon completion of sex offender treatment, the juvenile sex offender
shall be required to undergo a sex offender risk assessment. The treatment provider shall
provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and
the juvenile probation office not less than 60 days prior to the projected release of the
juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised
access to the public or immediately upon completion of the risk assessment if the juvenile
sex offender is not in a facility where the juvenile sex offender does not have unsupervised
access to the public. (c) Upon receiving the risk assessment, the juvenile...
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45-1-82.08
Section 45-1-82.08 Self-improvement or self-help programs; drug testing. The district attorney
and the offender may enter into 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 2006-89, p. 110, §9.)...
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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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45-16-82.28
Section 45-16-82.28 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 in-patient or out-patient 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 2005-145, p. 249, §9.)...
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