(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. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge and receive a specific sentence, an agreement concerning when the plea of guilty will occur, to what charge to which the offender will plead guilty, and any sentence to be imposed, shall be approved by an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior to admission of the offender in the pretrial diversion program.
(b) As a condition of being admitted into the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:
(1) Pay approved restitution to a victim.
(2) Participate in an education setting to include, but not be limited to, K-12, college, job training school, trade school, GED classes, or adult basic education courses.
(3) If appropriate, attempt to learn to read and write.
(4) Financially support his or her children or pay child support.
(5) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.
(6) Refrain from contact with certain persons or premises.
(7) Maintain or seek employment.
(8) Attend individual, group, or family counseling.
(9) Pay court costs, fees, and fines.
(10) Conduct himself or herself in an honorable manner as a good member of the community, and not endanger in any way the person, property rights, dignity, or morals of others or himself or herself.
(11) Comply with all municipal, county, state, and federal law, ordinances, or orders.
(12) Be absolutely truthful in any oral or written application or reports to the pretrial diversion program.
(13) Pay supervision fees to the agency or entity responsible for monitoring and verifying the offender’s compliance with the terms of the pretrial diversion program set forth by the district attorney. These fees shall be paid by the offender to the supervising agency or entity in a timely manner.
(14) Observe curfews, home detention, or travel constraints as set out in the offender’s agreement.
(15) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support withheld or garnished from the wages or salary of the offender.
(16) Complete approved community service.
(17) Agree to the court’s jurisdiction beyond the terms of the pretrial diversion program, incarceration, probation, parole, or end of sentence for the purposes of the collection of court ordered or agreed upon fines, fees, costs of court, and restitution pursuant to Section 12-17-225.
(18) Agree to the terms and conditions of the pretrial diversion program established by the district attorney.
(19) Provide a statement, written by the offender, 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.
(20) Refrain from the possession of or use of any firearm.
(21) Pay the application fee pursuant to this subpart.
(22) Participate in and complete a drug court program.
(23) Complete a certified drug or alcohol addiction evaluation and treatment program.
(24) Agree to be subject to any other terms or conditions as required by the district attorney set out in the pretrial diversion program agreement. The district attorney shall be given broad discretion in designing a program specifically for each offender and circumstances of the offender.
Last modified: May 3, 2021