46-1-502. Mediation. (1) At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.

(2) The proceeding may not be referred for mediation if the offense charged is:

(a) deliberate homicide, as described in 45-5-102;

(b) mitigated deliberate homicide, as described in 45-5-103;

(c) intimidation, as described in 45-5-203;

(d) partner or family member assault, as described in 45-5-206;

(e) assault on a minor, as described in 45-5-212;

(f) strangulation of a partner or family member, as described in 45-5-215;

(g) stalking, as described in 45-5-220;

(h) aggravated kidnapping, as described in 45-5-303;

(i) a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, or 45-5-507;

(j) endangering the welfare of children, as described in 45-5-622;

(k) sexual abuse of children, as described in 45-5-625; or

(l) ritual abuse of a minor, as described in 45-5-627.

(3) Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.

(4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.

(5) This section does not prohibit the parties from engaging in traditional plea negotiations.

History: En. Sec. 2, Ch. 203, L. 2007; amd. Sec. 6, Ch. 225, L. 2013; amd. Sec. 8, Ch. 394, L. 2017.