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§ 18-1.3-101. Pretrial Diversion

Legislative intent. The intent of this section is to facilitate and encourage diversion of defendants from the criminal justice system when diversion may prevent defendants from committing additional criminal acts, restore victims of crime, facilitate the defendant’s ability to pay restitution to victims of crime, and reduce the number of cases in the criminal justice […]

§ 18-1.3-101.5. Alternative Pilot Programs to Divert Individuals With Mental Health Conditions – Legislative Intent – Eligibility – Process of Diversion – Grant Program – Program Management – Definitions – Repeal

The intent of this section is to establish and facilitate five or more pre-plea local-level mental health pilot programs in selected judicial districts that will identify individuals with mental health conditions who have been charged with a low-level criminal offense and divert such individuals out of the criminal justice system and into community treatment programs […]

§ 18-1.3-102. Deferred Sentencing of Defendant

In any case in which the defendant has entered a plea of guilty, the court accepting the plea has the power, with the written consent of the defendant and his or her attorney of record and the district attorney, to continue the case for the purpose of entering judgment and sentence upon the plea of […]

§ 18-1.3-103.5. Felony Convictions – Vacate and Enter Conviction on Misdemeanor After Successful Completion

In order to expand opportunities for offenders to avoid a drug felony conviction, to reduce the significant negative consequences of that felony conviction, and to provide positive reinforcement for drug offenders who work to successfully complete any community-based sentence imposed by the court, the legislature hereby creates an additional opportunity for those drug offenders who […]

§ 18-1.3-104. Alternatives in Imposition of Sentence

Within the limitations of the applicable statute pertaining to sentencing and subject to the provisions of this title 18, the trial court has the following alternatives in entering judgment imposing a sentence: The defendant may be granted probation unless any provision of law makes him or her ineligible for probation. The granting or denial of […]

§ 18-1.3-105. Authority of Sentencing Courts to Utilize Home Detention Programs

A sentencing judge is authorized to sentence any offender, as defined in subsection (5) of this section, to a home detention program operated pursuant to a contractual agreement with the department of public safety pursuant to this article for all or part of such offender’s sentence. Prior to sentencing any offender directly to a home […]

§ 18-1.3-107. Conviction – Collateral Relief – Applicability – Definitions

At the time of conviction or at any time thereafter, upon the request of the defendant or upon the court’s own motion, a court may enter an order of collateral relief in the criminal case for the purpose of preserving or enhancing the defendant’s employment or employment prospects and to improve the defendant’s likelihood of […]