45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a Pre-Trial Intervention Program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the following:
(1) The terms of the Pre-Trial Intervention Program. (2) The length of the program. (3) 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. (4) The sentence
the offender will receive. If as part of the Pre-Trial Intervention 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-eighth Judicial Circuit prior to admission of the offender in the Pre-Trial
Intervention Program. (b) As a condition of being admitted to...
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45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program
shall: (1) Waive, in writing, and contingent upon the successful completion of the program,
his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program,
of periods of limitations established by statute or rules of court. (3) Agree, in writing,
to the conditions of the Pre-Trial Intervention Program established by the district attorney.
(4) Provide a statement as to the involvement in the crime charged which shall be admissible
in any criminal trial. (5) 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
attorney taking into account all circumstances of the offender and victim. (b) Pre-Trial Intervention
Program records or records related to Pre-Trial Intervention Program admission, except for
the statement of the applicant concerning his or her...
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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a) In any
case in which an offender is admitted into a PTIP there shall be a written agreement between
the district attorney and the offender. The agreement shall include the terms of the intervention
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 shall plead guilty to and the sentence the offender shall receive. In all cases
where as part of the PTIP the offender agrees to plead guilty to a particular offense and
receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision
of the district attorney to admit the offender into the pretrial diversion program, but prior
to entry, the district attorney 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, the following: (1) A voluntary waiver of the offender's right to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statute or rules of court. (3) An agreement to the conditions of the program
established by the district attorney. (4) If there is a victim of the charged crime, an agreement
to a restitution repayment 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 the victim.
(5) A waiver in writing of the offender's right to a jury...
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45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the decision
of the city attorney to admit the offender into the pretrial diversion program, but prior
to entry, the city attorney 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 attorney. (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 attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
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45-2-81.50
Section 45-2-81.50 Violations; waiver. (a) If the offender violates the conditions of the Pre-Trial
Intervention Program agreed to in writing by the offender and the district attorney, the district
attorney may terminate the participation of the offender in the program and pursue criminal
charges against the offender. The offender shall be given written notice of the intent of
the district attorney to terminate him or her from the Pre-Trial Intervention Program. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the Pre-Trial Intervention Program. (Act 97-692, p. 1045, §11.)...
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45-2-81.49
Section 45-2-81.49 Pre-Trial Intervention Fund. The district attorney shall establish a Pre-Trial
Intervention Fund. All fees paid by offenders as set out in this subpart to the district attorney
shall be placed into the Pre-Trial Intervention Fund. The district attorney shall use the
funds to pay costs associated with the administration of the Pre-Trial Intervention Program
or for other law enforcement purposes. Costs associated with program administration shall
include, but shall not be limited to, salaries, rent, vehicles, telephones, postage, office
supplies and equipment, training and travel services, service contracts, and professional
services. The district attorney may pay for services or programs for an offender while the
offender is in the Pre-Trial Intervention Program if special circumstances and justice dictate.
(Act 97-692, p. 1045, §10.)...
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45-2-81.43
Section 45-2-81.43 Admission into program. (a) Prior to being admitted to the Pre-Trial Intervention
Program or as a part of 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
feels has a bearing on the decision as to whether or not the offender should be admitted to
the Pre-Trial Intervention 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 Pre-Trial Intervention 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 97-692, p. 1045,...
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45-2-81.47
Section 45-2-81.47 Substance abuse treatment program; drug testing. The district attorney and
the offender may enter into an agreement as a part of the Pre-Trial Intervention Program of
an offender that the offender be admitted to a drug or alcohol program on an in-patient or
out-patient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the Pre-Trial Intervention Program of the offender and other terms and conditions related
to substance abuse as the district attorney may direct. The offender shall pay the costs of
all services unless otherwise agreed. (Act 97-692, p. 1045, §8.)...
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45-2-81.45
Section 45-2-81.45 Time for application. (a) An offender shall make application to the Pre-Trial
Intervention Program no later than 45 days after service of the warrant or within 21 days
following appointment of counsel for the charge for which the offender applies or at his or
her first court appearance. (b) In the discretion of the district attorney, the time provision
of this section may be waived. (Act 97-692, p. 1045, §6.)...
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