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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45-29-82.69
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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45-4-83.09
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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45-9-82.29
Section 45-9-82.29 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
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 receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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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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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement 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. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor 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 municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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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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