(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, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes or rules of court.
(3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the victim 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 victim.
(5) Voluntarily execute in writing a permission to search and seize illegal contraband or substances.
(b) The district attorney's pretrial diversion program records, along with the records relating to pretrial diversion programs admission, are confidential records and shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors and offenders shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be submitted to the court for an in camera review.
Last modified: May 3, 2021