(a) An offender who enters an intervention program shall satisfy each of the following requirements:
(1) Waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial.
(2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute 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 a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim.
(b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial diversion program counselors and defendants shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be revealed.
Last modified: May 3, 2021