77-2-5 - Diversion agreement -- Negotiation -- Contents.
77-2-5. Diversion agreement -- Negotiation -- Contents.
(1) At any time after the filing of an information or indictment and prior to conviction, theprosecuting attorney may, by written agreement with the defendant, filed with the court, and uponapproval of the court, divert a defendant to a non-criminal diversion program.
(2) A defendant shall be represented by counsel during negotiations for diversion and atthe time of execution of any diversion agreement unless he shall have knowingly and intelligentlywaived his right to counsel.
(3) The defendant has the right to be represented by counsel at any court hearing relatingto a diversion program.
(4) Any diversion agreement entered into between the prosecution and the defense andapproved by a magistrate shall contain a full, detailed statement of the requirements agreed to bythe defendant and the reasons for diversion. A decision by a prosecuting attorney not to divert adefendant is not subject to judicial review.
(5) Diversion programs longer than two years shall not be permitted.
(6) A diversion agreement shall not be approved unless the defendant, before a magistrateand in the agreement, knowingly and intelligently waives his constitutional right to a speedy trial.
Enacted by Chapter 15, 1980 General Session