An offender who enters an intervention program shall:
- (1) waive, in writing and contingent upon his successful completion of the program, his or her right to a speedy trial;
- (2) agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;
- (3) agree, in writing, to the conditions of the intervention program established by the solicitor;
- (4) in the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the solicitor;
- (5) agree, in writing, that any records relating to participation in pretrial intervention or information obtained through pretrial intervention is not admissible as evidence in subsequent proceedings, criminal or civil, and communication between pretrial intervention counselors and defendants shall remain as privileged communication unless a court of competent jurisdiction determines that there is a compelling public interest that such communication be revealed. In no case shall a written admission of guilt be required of a defendant prior to acceptance nor prior to completion of the pretrial intervention program; and
- (6) if the offense is committing or attempting to commit a lewd act upon a child under the age of sixteen years pursuant to Section 16-15-140, agree in the agreement between the solicitor's office and the offender provided for in Section 17-22-120 to allow information about the offense to be made available to day care centers, group day care homes, family day care homes, church or religious day care centers, and other facilities providing care to children and related agencies by the State Law Enforcement Division pursuant to regulations which the State Law Enforcement Division shall promulgate.