Pretrial Diversion Conditions

R.S.I.C. 3-1-910

Tribe: Reno-Sparks Indian Colony

Section 3-1-910. Pretrial diversion.
(a) At any time the prosecutor and a defendant who has counsel or how has voluntarily
waived counsel may agree to the deferral of a prosecution for a specified period of time based on one
or more of the following conditions:
(1) that the defendant may not commit any offense;
(2) that the defendant may not engage in specified activities, conduct, and
associations bearing a relationship to the conduct upon which the charge against the defendant is
based;
(3) that the defendant shall participate in a supervised rehabilitation program, which
may include treatment, counseling, training, or education;
(4) that the defendant shall make restitution in a specified manner for harm or loss
caused by the offense; or
(5) any other reasonable conditions, including voluntary exclusion from the Colony.
(b) The agreement must be in writing, must be signed by the parties, and must state that the
defendant waives the right to speedy trial for the period of deferral. The agreement may include
stipulations concerning the admissibility of evidence, specified testimony, or depositions if the
deferral of the prosecution is terminated and there is a trial on the charge.
(c) The prosecution must be deferred for a period specified in the agreement unless there has
been a violation of its terms.
(d) The agreement must be terminated and the prosecution automatically dismissed with
prejudice upon expiration and compliance with the terms of the agreement.

Read Full Text of R.S.I.C. 3-1-910