Section 45-3-82.51 – Violations; Waiver.
Section 45-3-82.51 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 […]
Section 45-3-82.52 – Liability of District Attorney.
Section 45-3-82.52 Liability of district attorney. The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program. (Act 2007-499, p. 1058, §13.)
Section 45-3-82.53 – Funding.
Section 45-3-82.53 Funding. The pretrial diversion program may apply for and accept grant funding applicable to the aims of the program and may receive funding or appropriations from city, county, state, or federal agencies or departments to be used in the maintenance or expansion of the pretrial diversion program. (Act 2007-499, p. 1058, §14.)
Section 45-3-82.54 – Advisory Board.
Section 45-3-82.54 Advisory board. The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance of individuals or administration of the program regardless of the board’s views. It shall be the district attorney’s decision who and […]
Section 45-3-82.43 – Standards for Admission.
Section 45-3-82.43 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense was committed. (2) There […]
Section 45-3-82.44 – Admission Into Program.
Section 45-3-82.44 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 […]
Section 45-3-82.45 – Program Requirements.
Section 45-3-82.45 Program requirements. (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, agree, in writing, to the tolling of […]
Section 45-3-82.46 – Time for Application.
Section 45-3-82.46 Time for application. (a) Except for traffic offenses, an offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses, application shall be made within 21 days of the issuance of the […]
Section 45-3-82.47 – Costs and Fees.
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established by the district attorney when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger […]
Section 45-3-82.48 – Self-Improvement Programs; Testing.
Section 45-3-82.48 Self-improvement programs; testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by the […]