12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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30-4-59
Section 30-4-59 Suspension of sentence; order of payment of support for wife or children; release
of defendant on probation; bond. At the trial on an entry of a plea of guilty, or after conviction
and after judgment and sentence has been imposed, as provided in this article, the judge of
the juvenile court in the first instance, or the judge of the circuit court on appeal and
trial de novo, may, in his discretion, suspend such judgment and sentence, and, having regard
to the circumstances and to the financial ability or earning capacity of the defendant, may
make an order, which shall be subject to change by the judge of the juvenile court, from time
to time, as circumstances may require, directing the defendant to pay a certain sum periodically
to the clerk of the juvenile court for the use of the defendant's wife or for the use of his
wife and child or children, or for the use of his child or children, and to release the said
defendant from custody on probation, upon his entering...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An
offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (c) The following offenses are ineligible for consideration for
the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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13A-5-11
Section 13A-5-11 Fines for felonies. (a) A sentence to pay a fine for a felony shall be for
a definite amount, fixed by the court, within the following limitations: (1) For a Class A
felony, not more than $60,000; (2) For a Class B felony, not more than $30,000; (3) For a
Class C felony, not more than $15,000; (4) For a Class D felony, not more than $7,500; or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim
caused by the commission of the offense. (b) As used in this section, "gain" means
the amount of money or the value of property derived from the commission of the crime, less
the amount of money or the value of property returned to the victim of the crime or seized
or surrendered to lawful authority prior to the time sentence is imposed. "Value"
shall be determined by the standards established in subdivision (14) of Section 13A-8-1. (c)
The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from
the crime...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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31-2A-45
Section 31-2A-45 (Article 45.) Pleas of the accused. (a) If an accused after arraignment makes
an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea,
or if it appears that the accused has entered the plea of guilty improvidently or through
lack of understanding of its meaning and effect, or if the accused fails or refuses to plead,
a plea of not guilty shall be entered in the record, and the court shall proceed as though
the accused had pleaded not guilty. (b) With respect to any charge or specification to which
a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial
without a military judge, a finding of guilty of the charge or specification may be entered
immediately without vote. This finding shall constitute the finding of the court unless the
plea of guilty is withdrawn prior to announcement of the sentence, in which event, the proceedings
shall continue as though the accused had pleaded not...
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45-23-82.02
Section 45-23-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged only with any
of the following offenses may apply for the program: (1) A traffic offense, other than driving
under the influence (DUI). (2) A property offense. (3) An offense wherein the victim did not
receive serious physical injury. (4) An offense in which the victim was not a child under
14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (c) The following
offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking
or distribution of drugs, or both. (2) Any offense involving the abuse of a...
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45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney
may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the
assessment for participation in the program shall be in addition to any program supervision
fees, court costs, and assessments for drug, alcohol, or anger treatments 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. It may be mandatory
for the offender to pay all court costs for the offense charged. Pretrial diversion program
fees as established by this subpart may be waived or reduced due to indigence, reduced ability
to pay, or for other just cause at the discretion of the district attorney. The determination
of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-19-171
Section 12-19-171 Schedule and distribution of fees - Juvenile and criminal cases in district
and circuit courts. (a) The following docket fees shall be collected for juvenile and criminal
cases in the district court and the circuit court: (1) District Court: a. Traffic infraction
$92.00 b. Issuance of alias writ 20.00 c. Misdemeanor-violation 117.00 d. Felony guilty plea
185.00 e. Preliminary hearing 30.00 f. Bond forfeiture 65.00 (2) Circuit Court: a. Issuance
of alias writ 30.00 b. Misdemeanor 117.00 c. Felony 185.00 d. Bond forfeiture 65.00 (3) Docket
fees for cases in the juvenile division of the district court or circuit court shall be assessed
at eighty-five dollars ($85) and shall be distributed as follows: a. Sixteen dollars ($16)
to the Fair Trial Tax Fund. b. Forty-nine dollars ($49) to the State General Fund. c. Ten
dollars ($10) to the county general fund. d. Five dollars ($5) to the Peace Officers' Standards
and Training Fund. e. Five dollars ($5) to the Advanced...
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