(a)Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following:
(1)A voluntary waiver of the offenders right to a speedy trial.
(2)An agreement to the tolling, while in the program, of periods of limitations established by statute or rules of court.
(3)An agreement to the conditions of the program established by the district attorney.
(4)If there is a victim of the charged crime, an agreement to pay restitution within a specified period of time and according to a specified payment schedule setting
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(a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following:
(1) A voluntary waiver of the offenders right to a speedy trial.
(2) An agreement to the tolling, while in the program, of periods of limitations established by statute or rules of court.
(3)
An agreement to the conditions of the program established by the district attorney.
(4) If there is a victim of the charged crime, an agreement to pay restitution within a specified period of time and according to a specified payment schedule setting forth the amounts of each payment. The offender shall further agree to extend the jurisdiction of the court beyond completion of any disposition of the case, end of sentence, termination of parole or probation, or conclusion of the pretrial diversion program to enforce collection of restitution, court costs, fines, fees, or other agreed upon or court ordered monies.
(5) A waiver in writing of the offender’s right to a trial by jury.
(6)
A written statement as to the offender’s involvement in the offense charged, which statement shall be admissible in any criminal trial.
(7)
The entering of a plea of guilty to the offense charged.
(b)
In addition to the requirements set forth in subsection (a) or as a condition of continued participation in the program, the district attorney may require the offender to agree to any or all of the following terms or conditions:
(1) Participation in a substance abuse treatment program.
(2)
Participation in an education setting to include, but not be limited to, K–12, college, job or vocational training, GED classes, trade school, or basic education courses.
(3) Financially supporting his or her children or paying any court ordered child support.
(4) Refraining from the use of drugs or alcohol or from frequenting places where drugs or alcohol are sold or used.
(5) Not committing any new criminal offense.
(6) Refraining from contact with certain named persons or premises.
(7) Seeking and maintaining employment.
(8) Maintaining a residence approved by the district attorney or supervising agency.
(9) Attending individual, group, financial, chemical addiction, family, mental health, anger management, or parenting counseling.
(10) Paying all court costs and fees, fines, worthless checks, and obeying any other lawful court order associated with the offense for which the offender has entered the program.
(11) Refraining from the unlawful possession or use of any deadly weapon or dangerous instrument.
(12) Paying supervision, application, and any other fees incurred pursuant to this program.
(13) Observing curfews or home detention or travel constraints as set out by the district attorney.
(14) Admission to an outpatient or inpatient drug or alcohol treatment program.
(15) Submission to periodic or random drug testing.
(16) When applicable, paying supervision fees to any agency or entity responsible for monitoring and verifying the offender’s compliance with the terms of the program as set forth by the district attorney.
(17) Any other terms or conditions as the district attorney or his or her designee and the offender may agree to, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and his or her particular circumstances.