45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any condition
of the pretrial diversion 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 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 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 2009-460, p. 802, §12.)...
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12-17-226.15
Section 12-17-226.15 Advisory board. If a district attorney establishes a pretrial diversion
program under this division, the district attorney may form an advisory board within the county
or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial
Diversion, for the purpose of assisting the district attorney in the determination of appropriate
pretrial diversion candidates. The district attorney shall retain the final decision as to
the admittance or denial of individuals into the pretrial diversion program, the fees, the
guidelines of the program, and any resources the pretrial diversion program utilizes. The
district attorney shall appoint all members of any advisory board and shall determine when
or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic,
urban and rural, and economic diversity of the circuit. The advisory board shall serve without
personal profit, but may be paid from the District Attorney's...
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45-1-82.04
Section 45-1-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
tests 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 as provided
for by this part. (Act 2006-89, p. 110, §5.)...
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45-12-82.04
Section 45-12-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
tests 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 as provided
for by this part. (Act 2006-595, p. 1625, §5.)...
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45-16-82.24
Section 45-16-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
tests 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 as provided
for by this subpart. (Act 2005-145, p. 249,...
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45-17-81.14
Section 45-17-81.14 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
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 2007-332, p. 588, §5.)...
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45-18-81.24
Section 45-18-81.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
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 2004-478, p. 884, §5.)...
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45-23-82.04
Section 45-23-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
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 that 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 part. (Act 2005-130, p. 215, §5.)...
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45-27-82.23
Section 45-27-82.23 Admission into program. (a) Prior to being admitted to the pretrial diversion
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
tests 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 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 95-388, p. 791, §4.)...
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45-28-82.29
Section 45-28-82.29 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.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
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