Section 45-23-82.09


Published: 2015

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Section 45-23-82.09

Section 45-23-82.09Written agreement; other terms and conditions.

(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, or what charges the defendant will plead guilty to and the sentence the offender will receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receive a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate circuit or district judge of the Thirty-third Judicial Circuit prior to admission of the offender in the pretrial diversion program.



(b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms and conditions:



(1) 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.



(2) If appropriate, attempt to learn to read and write.



(3) Financially support his or her children or pay child support.



(4) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used and submitting to periodic or random drug testing.



(5) Refrain from contact with certain persons or premises.



(6) Maintain or seek employment.



(7) Attend individual, group, or family counseling.



(8) Pay approved restitution to a victim if any is due.



(9) Pay court costs and fines.



(10) Pay supervision fees and application fees pursuant to this part.



(11) Observe curfews or home detention or travel constraints as set out in the offender's agreement.



(12) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support either withheld or garnished from the wages or salary of the offender and applied to the above.



(13) Participation in a substance abuse program, including, but not limited to, being admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse.



(14) Refraining from the possession or use of any deadly weapon or dangerous instrument.



(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in the written agreement of the offender, it being the purpose of this part to allow the district attorney broad discretion in designing a program specifically for each offender and the circumstances of the offender.

(Act 2005-130, p. 215, §10.)

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