(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) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court.
(3) Waive in writing his or her right to a jury trial.
(4) Provide a statement as to his or her involvement in the offense charged, which statement shall be admissible in any criminal trial.
(5) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney.
(6) 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 circumstances of the offender and victim.
(b) Pretrial diversion program records or records related to pretrial diversion program admission, with the exception of the statement of the applicant concerning his or her involvement in the crime charged, shall not be admissible in subsequent proceedings, criminal or civil. 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