12-23-11
Section 12-23-11 Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose
of expenditures; effect on other appropriations. Moneys contained in the Alcohol and Drug
Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of
Courts for purposes set out in Section 12-23-4. Appropriations heretofore or hereafter
made to the Unified Judicial System shall not be reduced by the amount of any funds contained
in the Alcohol and Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p.
537, §11.)...
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12-23-7
Section 12-23-7 Mandatory drug testing at own expense for person convicted of alcohol
or drug-related offenses and placed on probation or parole; treatment for persons who fail
test; indigents not required to pay. Any person who is convicted of an alcohol or drug-related
offense and who is placed on probation or parole shall be required to participate in an alcohol
or drug testing program at his own expense, unless he is determined to be indigent. Any such
person who fails the alcohol or drug test shall be required to: (1) Provide information needed
to conduct a treatment assessment; (2) Complete the recommended treatment; and (3) Pay for
the assessment, treatment and alcohol or drug testing unless the court finds he is indigent.
Any person who fails to complete treatment and pay for it shall be charged with violation
of probation or parole; provided, however, that indigents shall not be required to pay for
treatment or monitoring provided by court referral officers. (Acts 1990, No....
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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12-23A-6
Section 12-23A-6 Assessments and recommendations; treatment services. (a) As part of
the assessment, each jurisdiction shall establish a system to ensure that drug offenders are
placed into a substance abuse treatment program approved by the Department of Mental Health.
To accomplish this, the entity conducting the assessment should make specific recommendations
to the drug court team regarding the level of treatment program and duration necessary so
that the individualized needs of a drug offender may be addressed. These assessments and resulting
recommendations shall be performed by a certified or licensed alcohol and drug professional
in accordance with the criteria certified by the Department of Mental Health, Substance Abuse
Services Division. Treatment recommendations accepted by the court, pursuant to this chapter,
shall be deemed to be reasonable and necessary. (b) An adequate continuum of care for drug
offenders shall be established in response to this chapter. (c) The drug...
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45-34-82.07
Section 45-34-82.07 Costs and fees. (a) An applicant shall 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 or 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. Pretrial diversion program
fees as established by this part may be waived or reduced for just cause at the discretion
of the district attorney. A schedule of payments for any of these fees may be established
by the district attorney. (b) The following fees shall be applied to applicants accepted into
the pretrial diversion program: (1) Felony offenses: up to eight hundred fifty dollars ($850).
(2) Misdemeanor offenses, excluding traffic: up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300). (4) Violations: up to two...
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12-19-180
Section 12-19-180 Criminal history processing fee; allocation of monies; access to court
data from within and without Unified Judicial System; user fees to be deposited in Court Automation
Fund; section not bar to public access to court records. (a) In addition to all other
costs, fees, or fines prescribed by law, each person convicted of a crime in a municipal,
district, or circuit court, except traffic cases which do not involve driving under the influence
of alcohol or controlled substances as set out in Section 32-5A-191, and conservation
cases and juvenile cases, shall be assessed a criminal history processing fee of thirty dollars
($30). The assessment shall be automatically assessed by the clerk of the court upon conviction.
(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated
Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund,
and a fund to be designated as the Criminal Justice Information...
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45-18-81.27
Section 45-18-81.27 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 or 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. Pretrial diversion program
fees as established by this subpart may be waived or reduced for just cause at the discretion
of the district attorney. A schedule of payments for any of these fees may be established
by the district attorney. (b) The following fees shall be applied to applicants accepted into
the pretrial diversion program: (1) Felony offenses: up to seven hundred fifty dollars ($750).
(2) Misdemeanor offenses (excluding traffic): up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300) (c) Twenty-five dollars ($25)...
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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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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the
following criminal offenses in a circuit court or district court may apply to the district
attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing
of controlled substances in the first degree as provided in Section 13A-12-218. (2)
A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that
a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a
commercial driver learner permit holder who is charged with a violation of a traffic law in
this state shall not be eligible for a deferred prosecution program, diversion program, or
any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial...
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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the
following criminal offenses in a circuit court or district court may apply to the district
attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing
of controlled substances in the first degree as provided in Section 13A-12-218. (2)
A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that
a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a
commercial driver learner permit holder who is charged with a violation of a traffic law in
this state shall not be eligible for a deferred prosecution program, diversion program, or
any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An offender
charged with any of the following offenses is ineligible for consideration for the pretrial...

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