(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 shall apply:
1. The applicant shall pay an application fee of two hundred fifty dollars ($250).
2. The accepted applicant shall pay a participation fee of one thousand five hundred dollars ($1,500).
(2) Misdemeanor offenses (excluding traffic): Up to five hundred dollars ($500), plus a supervision fee of up to fifty dollars ($50) per month.
(3) Traffic offenses: Up to three hundred dollars ($300).
If the traffic offense involves alcohol, then the following nonrefundable fees shall apply:
1. The applicant shall pay an application fee of two hundred fifty dollars ($250).
2. The accepted applicant shall pay a participation fee of one thousand dollars ($1,000).
3. The accepted applicant shall pay a supervision fee of fifty dollars ($50) per month for a minimum of six months.
(c) Twenty-five dollars ($25) of the fee for each applicant accepted into the pretrial diversion program shall be allocated to the Colbert County General Fund.
(d) The district attorney may use fees collected by the pretrial diversion program to help support local and state law enforcement, or any agency or department of city or county government which assists local law enforcement. This support shall be provided to help employ more officers or staff, buy needed equipment or supplies, provide training opportunities, or any other law enforcement purposes.
(e) Fees required by this subpart shall be collected by the district attorney's office and shall be deposited by the district attorney into the pretrial diversion fund as described in Section 45-17-81.20. Those fees due to the Colbert County General Fund shall be disbursed on a monthly basis.
Last modified: May 3, 2021