12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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45-1-82.06
Section 45-1-82.06 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provision of subsection (a)
may be waived by the district attorney. (Act 2006-89, p. 110, §7.)...
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45-12-82.06
Section 45-12-82.06 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, subsection (a) may be waived by
the district attorney. (Act 2006-595, p. 1625, §7.)...
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45-16-82.26
Section 45-16-82.26 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provisions of subsection (a)
may be waived by the district attorney. (Act 2005-145, p. 249, §7.)...
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45-17-81.16
Section 45-17-81.16 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2007-332, p. 588, §7.)...
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45-17-81.17
Section 45-17-81.17 Costs and fees. (a) An applicant shall pay a nonrefundable application
fee of one hundred fifty dollars ($150). 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 nonrefundable fees shall be applied to applicants
accepted into the pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty
dollars ($750), plus a supervision fee of up to fifty dollars ($50) per month. If the offense
is a drug-related offense, then the following nonrefundable fees...
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45-18-81.26
Section 45-18-81.26 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2004-478, p. 884, §7.)...
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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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45-23-82.06
Section 45-23-82.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2005-130, p. 215, §7.)...
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45-27-82.25
Section 45-27-82.25 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 45 days after service of the warrant or within 21 days following
appointment of counsel for the charge for which the offender applies or at his or her first
court appearance. (b) In the discretion of the district attorney, the time provision of this
section may be waived. (Act 95-388, p. 791, §6.)...
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