(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 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 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 all circumstances of the offender and victim.
(5) Voluntarily execute in writing permission to search and seize illegal contraband or substances.
(b) Pretrial diversion program records, including admission records, are confidential and 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 submitted to the court for an in camera review.
(c) The records of the offender maintained as part of the pretrial diversion program shall be destroyed in a timely manner after the program has been successfully completed by the offender. The district attorney may keep the contract signed by the offender in order to maintain an accurate record of pretrial diversion program participation.
Last modified: May 3, 2021