45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge
to admit the offender into the pretrial diversion program, but prior to entry, the offender
shall enter into a written agreement stating the conditions of the participation of the offender
in the program. The agreement shall include, but not be limited to, all of the following:
(1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to
the tolling, while in the program, of periods of limitations established by statutes or rules
of court. (3) An agreement to the conditions of the program established by the city attorney
(4) If there is a victim of the charged crime, an agreement to the restitution repayment within
a specified period of time and in an amount to be determined by the city attorney taking into
account circumstances of the offender and the victim. (5) A waiver in writing of the right
of the offender to a jury trial. (6) A truthful and complete statement by...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, there shall be a written agreement between the district attorney and the offender.
The agreement shall include the terms of the pretrial diversion program, the length of the
program, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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45-23-82.10
Section 45-23-82.10 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. The district attorney shall use the funds in the pretrial
diversion program fund to pay costs and expenses associated with the administration of the
pretrial diversion program or for other purposes contained in other pretrial diversion programs
in this state. Costs associated with program administration shall include, but shall not be
limited to, salaries, rent, vehicles, telephones, postage, office supplies and equipment,
training and travel services, service contracts, and professional services. The district attorney
may pay for services or programs for an offender while the offender is in the pretrial diversion
program if special circumstances and justice dictate. The pretrial diversion program fund
shall be subject to audit every two years, in accordance with state law, by the Examiners
of Public Accounts. In years not subject to audit, the district attorney...
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45-27-82.26
Section 45-27-82.26 Costs and fees. (a) An applicant may be assessed a fee of not more
than one thousand dollars ($1,000) when the applicant is approved for the program. The amount
of the assessment for participation in the program shall be set from time to time by the district
attorney. The assessment shall be in addition to any court costs and assessments for victims
or drug or alcohol treatment required by law, and is in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Fees may be waived by
the district attorney because of circumstances relating to a specific offender and the financial
status of the offender. A schedule of payments for any of these fees may be established by
the district attorney. (b) Fees collected pursuant to this section shall be deposited
by the district attorney into the District Attorney's Fund and used for law enforcement as
provided by law. (Act 95-388, p. 791, §7; Act 2006-202, p. 300, §1; Act 2006-222,...
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43-2-697.01
Section 43-2-697.01 Petition to open probate estate of Medicaid recipient; third-party
administrator; fees. (a) The Medicaid Agency may petition to open the probate estate of a
Medicaid recipient by filing a petition to appoint a third party administrator and issue letters
of administration, pursuant to the timing limitations of Section 43-2-43. (b) The petition
shall contain all of the following information: (1) The date the recipient died. (2) An explanation
of why the petition is filed in the proper court in accordance with Section 43-2-40.
(3) A listing of the recipient's personal and real property of which the Medicaid Agency is
aware. (4) A listing of the recipient's debts of which the agency is aware. (5) A listing
of the recipient's possible heirs, including contact information, if known, of which the agency
is aware. (c) If the Medicaid Agency is not aware of information listed in subsection (b),
the agency shall describe each piece of information that it lacks. (d) If the...
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45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a pretrial diversion program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
terms of the pretrial diversion program, the length of the program, and the period of time
after which the district attorney will dispose of the charges against the offender in a noncriminal
manner. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular charge and receive a specific sentence, an agreement concerning when the plea
of guilty will occur, to what charge to which the offender will plead guilty, and any sentence
to be imposed, shall be approved by an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior to admission of the offender
in the pretrial diversion program. (b) As a condition of being admitted into...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority
necessary to implement the purposes of this part, including, but not limited to, the authority
necessary to do all of the following: (1) Create or remove employment positions, set or alter
pay scales, employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity
bonds for the faithful performance of the duties of personnel. Any employment practices shall
be in accordance with applicable state and federal law. (2) Provide support and administrative
services for Lee County court referral officer programs, drug courts, district court probation,
and other alternative sentencing programs. The services may include, but not be limited to,
providing drug and alcohol evaluation, assessments, treatment, case management, personnel,
drug and alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol
monitoring, and supervision of those participating in the program. (3)...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall
have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES.
All offenses, including municipal ordinance violations, in which alcohol and drug abuse is
determined from the evidence to have been a factor in the commission of the offense including
juveniles charged with possession of controlled substances and adjudicated delinquent. (2)
ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the
user, or that of others, is substantially impaired or endangered or the social or economic
function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with
abuse or addictive potential to the extent that the user has lost the ability of self control,
or to the extent that the health, safety, or welfare of the user, or that of others, is substantially
impaired or endangered, or the social or economic function of the user is...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees;
inmate wages. (a) Community punishment and corrections funds may be used to develop or expand
the range of community punishments and services at the local level. Community-based programs
should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment
and supervision of program participants. The supervision and treatment of each program participant
is expected to be based on the participant's anticipated risk of reoffending, as determined
through a validated risk and needs assessment as defined in Section 12-25-32, administered
by the program. Supervision and treatment of program participants should include the following:
(1) Use of a validated risk and needs assessment; (2) Use of assessment results to provide
guidance for determining the appropriate level of supervision responses consistent with the
levels of supervision and evidence-based practices reasonably anticipated...
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45-23-82.09
Section 45-23-82.09 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a pretrial diversion program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
terms of the pretrial diversion program, the length of the program, and the period of time
after which the district attorney will dispose of the charges against the offender in a noncriminal
manner, or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Thirty-third
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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