45-12-82.07
Section 45-12-82.07 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this part may be waived or reduced due to indigency or reduced ability to
pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) Except as herein...
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45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this subpart may be waived or reduced due to indigency or reduced ability
to pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) The following...
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45-42-82.47
Section 45-42-82.47 Fees. (a) An offender may be assessed a nonrefundable application
fee when the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs or fees and assessments
for the crime victim's compensation fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the district attorney. (b) The amount of the application
fee shall be established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance
into the pretrial diversion program shall be in the discretion of the district attorney. To
assist the district attorney in his or her decision to admit the offender into the pretrial
diversion program, the district attorney, prior to the offender being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, may require
an offender to furnish to the district attorney information concerning past criminal history,
educational history, work history, family history, medical or psychiatric treatment history,
psychological tests, or any other information concerning the offender which the district attorney
believes is applicable to determine whether the offender should be admitted into the pretrial
diversion program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
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12-23-10
Section 12-23-10 Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established;
use. The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and
created as a separate fund in the State Treasury. Such fund shall be used for operation of
the alcohol and drug abuse court referral officer program. This fund shall consist of all
moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and
all moneys received for the benefit of the court referral officer program by legislative appropriation,
grant, gift, or contributions by counties or municipalities, or otherwise. Such moneys shall
be used and expended by the Administrative Director of Courts to establish, organize, and
administer the alcohol and drug abuse court referral officer program throughout the state.
Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except
appropriations from other state funds shall remain in the fund to be...
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45-23-82.07
Section 45-23-82.07 Costs and fees. (a) An applicant may be assessed a fee when the
applicant is approved for the program. The amount of the assessment for participation in the
program shall be in addition to any court costs and assessments for victims of drug, alcohol,
or anger management treatment required by law, and are in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. An applicant may not be
denied access into the pretrial diversion program based solely on his or her inability to
pay. Pretrial diversion program fees as established by this part may be waived or reduced
for just cause, including indigency of the applicant, at the discretion of the district attorney.
Any determination of indigency of the offender for the purposes of pretrial diversion fee
waiver or reduction shall be made by the district attorney. A schedule of payments for any
of these fees may be established by the district attorney. (b) The following fees...
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45-27-82.28
Section 45-27-82.28 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 Twenty-first
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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45-41-83.13
Section 45-41-83.13 Conditions of supervision. Any circuit or district court may order
that any adjudicated person shall be supervised by the program under any conditions ordered
by the court, and in accord with all of the rules and procedures of the program. These conditions
shall include, but not be limited to, the participant, during the term of participation in
the program, reporting to employees or agents of the board on a periodic basis, participation
in drug or alcohol or mental health treatment regimens, participation in court-referral programs,
completion of assessments, abiding by all of the program rules and procedures, submitting
to, paying for, and passing random, observed drug and alcohol tests as directed by the program,
and paying any assessed program supervision fees, assessment, and treatment fees, court costs,
and restitution, where applicable. Failure to abide by any condition may result in the probation
or bond of the participant being revoked, removal from the...
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45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a Pre-Trial Intervention Program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
following: (1) The terms of the Pre-Trial Intervention Program. (2) The length of the program.
(3) 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. (4)
The sentence the offender will receive. If as part of the Pre-Trial Intervention 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 Twenty-eighth Judicial Circuit prior to admission of the offender
in the Pre-Trial Intervention Program. (b) As a condition of being admitted to...
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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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