Prior to or upon the issuance of any accusatory instrument other than an indictment charging any defendant with an offense other than an offense enumerated in Section 45-51-82.26, the district attorney, in his or her discretion, upon the request of the defendant, may withhold prosecution or presentment to the grand jury thereon. The district attorney may then establish a preprosecution or pretrial diversionary program for a specified period of time not to exceed the statute of limitations for the offense of which the defendant is charged.
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