45-27-82.26
Section 45-27-82.26 Costs and fees. (a) An applicant may be assessed a fee of not more than
one thousand dollars ($1,000) when the applicant is approved for the program. The amount of
the assessment for participation in the program shall be set from time to time by the district
attorney. The assessment shall be in addition to any court costs and assessments for victims
or drug or alcohol treatment required by law, and is in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Fees may be waived by
the district attorney because of circumstances relating to a specific offender and the financial
status of the offender. A schedule of payments for any of these fees may be established by
the district attorney. (b) Fees collected pursuant to this section shall be deposited by the
district attorney into the District Attorney's Fund and used for law enforcement as provided
by law. (Act 95-388, p. 791, §7; Act 2006-202, p. 300, §1; Act 2006-222,...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement,
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district...
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12-17-226.11
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall be allocated
to the district attorney's office. At the discretion of the district attorney, all administration
fees paid by the offender pursuant to this division may either be paid to the district attorney,
to be placed in the District Attorney's Solicitor Fund, or if the district attorney and the
clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the
District Attorney's Solicitor Fund. In the event that the district attorney elects to have
the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor
Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing. (b)
All fees paid to the district attorney pursuant to this division shall be paid into the District
Attorney's Solicitor Fund and shall be used to pay costs associated with the administration
of the pretrial diversion program or for any other law...
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45-16-82.30
Section 45-16-82.30 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. Except for the monies payable timely by the district attorney
to the circuit clerk, county commission's general fund, and law enforcement agency pursuant
to subsections (c), (d), and (e) of Section 45-16-82.27, fees paid by offenders pursuant to
Section 45-16-82.27 shall be placed into the Pretrial Diversion Program Fund. The district
attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated
with the administration of the pretrial diversion program and to pay those things earlier
herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated
with program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, telephones, communication equipment, postage, office
supplies and equipment, training and travel expenses, service...
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45-29-82.70
Section 45-29-82.70 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to
the district attorney shall be placed into the pretrial diversion program fund. The district
attorney shall disburse 20 percent of the funds to the Twenty-fourth Judicial Circuit Judicial
Administration Fund; the remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for other law enforcement purposes.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies
and equipment, training and travel services, service contracts, and professional services.
The district attorney may pay for services or programs for an offender while the offender
is in the pretrial diversion program if special circumstances and...
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45-9-82.30
Section 45-9-82.30 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. Fees paid by offenders pursuant to Section 45-9-82.27 shall
be placed into the Pretrial Diversion Program Fund. The district attorney shall use the funds
in the Pretrial Diversion Program Fund to pay costs associated with the administration of
the pretrial diversion program or for other law enforcement purposes. Costs associated with
program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, telephones, postage, office supplies and equipment,
training and travel services, service contracts, and professional services. The district attorney
may pay for services or programs for an offender while the offender is in the pretrial diversion
program if special circumstances and justice dictate. (Act 2005-148, p. 258, §11.)...
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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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45-27-82.29
Section 45-27-82.29 Pretrial diversion fund. The district attorney shall establish a Pretrial
Diversion Fund. All fees paid by offenders as set out in this subpart to the district attorney
shall be placed into the Pretrial Diversion Fund. The district attorney shall use the funds
to pay costs associated with the administration of the pretrial diversion program or for other
law enforcement purposes. Costs associated with program administration shall include, but
shall not be limited to, salaries, rent, vehicles, telephones, postage, office supplies and
equipment, training and travel services, service contracts, and professional services. The
district attorney may pay for services or programs for an offender while the offender is in
the pretrial diversion program if special circumstances and justice dictate. (Act 95-388,
p. 791, §10.)...
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