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12-23-12
Section 12-23-12 Court referral officer assessment fee. In addition to the imposition of any
other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult
or adjudicated a youthful offender or juvenile delinquent based on the offense of driving
under the influence or other alcohol or drug related offenses as defined in this chapter shall
be ordered by the court to pay an alcohol and drug abuse court referral officer assessment
fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme
Court. Such additional assessment fee shall be collected by the court referral officer by
the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and
Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, §12.)...
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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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12-23-6
Section 12-23-6 Authority of courts to refer defendants to education and/or treatment program.
In order to effect the purposes of this chapter, all courts exercising jurisdiction over alcohol
and drug related offenses shall be authorized to refer a defendant to a court referral program
for evaluation and referral to an appropriate education and/or treatment program. At a minimum,
every defendant who is not referred directly to drug or alcohol treatment shall be required
to complete an alcohol and drug education program certified by the Administrative Office of
Courts. (Acts 1990, No. 90-390, p. 537, §6.)...
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12-14-51
Section 12-14-51 Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of the municipal court administrative
agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates
by class or position and, in addition thereto, provide for the appointment of other magistrates
by the Administrative Director of Courts, upon recommendation by municipal judges. (c) The
powers of a magistrate shall be limited to the following: (1) Issuance of arrest warrants.
(2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary
bail schedule and approving property, cash, and professional surety bonds upon a municipal
judge's approval. (3) Receiving of pleas of guilty in minor misdemeanors where a schedule
of fines has been prescribed by rule. (4) Accountability to the municipal court for all uniform
traffic tickets and complaints issued, including all...
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45-41-83.02
Section 45-41-83.02 Alternative Sentencing Board - Created. The Lee County Alternative Sentencing
Board is created. The board shall oversee and operate all programs, services, and administrative
functions of the Lee County Alternative Sentencing Program, including, but not limited to,
drug court, the court referral officer program, and district court probation. (Act 2009-330,
p. 558, §3.)...
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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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12-5A-8
Section 12-5A-8 Juvenile probation officers - Supervision; employees of state; appointment
and dismissal; director of probation services; certain employees subject to merit system procedures.
On or after October 1, 1999, each of the following shall occur: (1) In each county having
a population of 99,000 or less according to the 1990 federal decennial census, all juvenile
probation officers and employees covered by this chapter, and any future employees occupying
covered positions, shall be under the direct supervision of the presiding juvenile court judge.
(2) All juvenile probation officers in counties having a population of 99,000 or less according
to the 1990 federal decennial census shall be state employees and shall be subject to the
procedures of the state court system personnel system. All appointments of juvenile probation
officers for authorized positions within a county shall be made by the presiding juvenile
court judge, subject to the approval of the Administrative Director...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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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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