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

   1. (a) deliberate homicide, as described in 45-5-102;
   2. (b) mitigated deliberate homicide, as described in 45-5-103;
   3. (c) intimidation, as described in 45-5-203;
   4. (d) partner or family member assault, as described in 45-5-206;
   5. (e) assault on a minor, as described in 45-5-212;
   6. (f) strangulation of a partner or family member, as described in 45-5-215;
   7. (g) stalking, as described in 45-5-220;
   8. (h) aggravated kidnapping, as described in 45-5-303;
   9. (i) a sex crime, as described in 45-5-502, 45-5-503, 45-5-504, or 45-5-507;
   10. (j) endangering the welfare of children, as described in 45-5-622;
   11. (k) sexual abuse of children, as described in 45-5-625; or
   12. (l) ritual abuse of a minor, as described in 45-5-627.
3. (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. (4) At any point during mediation, a party may withdraw from the mediation without penalty or sanction.
5. (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.