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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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If 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 for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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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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12-17-226.14
Section 12-17-226.14 Funding of program. A pretrial diversion program established under this
division may apply for grants, may accept donations from individuals or corporations, and
may receive funding or appropriations from city, county, or state agencies or departments
to be used in the maintenance or expansion of the pretrial diversion program. Absent an express
agreement between the county commission, sheriff, and district attorney, no county commission
or any of its departments or agencies shall be required to participate in, or provide funding
for, any pretrial diversion program established under this division. (Act 2013-361, p. 1290,
§15.)...
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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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45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue prosecution
of the offender for the crime or crimes charged. The offender shall be given written notice
of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
shall be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2006-89, p. 110, §12.)...
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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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45-12-82.11
Section 45-12-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this part, any fees paid for the admission into the pretrial diversion program. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the pretrial diversion program. (Act 2006-595, p. 1625, §12.)...
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