45-18-81.29
Section 45-18-81.29 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 receive a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate circuit or district judge of the Thirty-fifth 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...
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45-23-82.09
Section 45-23-82.09 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 Thirty-third 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...
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45-27-82.28
Section 45-27-82.28 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 Twenty-first 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...
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45-28-82.31
Section 45-28-82.31 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program, the district attorney may terminate the participation of the offender in the program. 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. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2011-606, p. 1342, §12.)...
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45-29-82.69
Section 45-29-82.69 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 shall dispose of the charges against the offender in a noncriminal manner or what charges the defendant shall plead guilty to and the sentence the offender shall 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 Twenty-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...
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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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45-39-82.11
Section 45-39-82.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program, the district attorney may terminate the participation of the offender in the program. 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. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2011-651, p. 1661, §12.)...
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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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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in which the victim was an employee of any school...
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following circumstances: (1) The offender is 18 years of age or older at the time the alleged offense was committed; 16 years of age or older if the offense is a traffic violation. (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 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. (7) The offender has never been granted pretrial diversion or participated in any similar program in any court in the state. (8) The offender has no prior felony convictions. (9) The offender does not hold a commercial...
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