(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 of 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. An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay. Pretrial diversion program fees as established by this part may be waived or reduced for just cause, including indigency of the applicant, at the discretion of the district attorney. Any determination of indigency of the offender for the purposes of pretrial diversion fee waiver or reduction shall be made by 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 eight hundred fifty dollars ($850).
(2) Misdemeanor offenses (excluding traffic): Up to five hundred dollars ($500).
(3) Traffic offenses: Up to three hundred dollars ($300).
(4) Violations: Up to two hundred dollars ($200).
(c)(l) An applicant may be assessed additional fees if the services of the Department of Forensic Sciences are used in a case involving a drug offense in the following amounts:
a. Felony: Up to one hundred dollars ($100).
b. Misdemeanor/violation: Up to fifty dollars ($50).
(2) An applicant may be assessed additional fees for distribution to the arresting or ticketing agency in the following amounts:
a. Felony: Up to one hundred dollars ($100).
b. Misdemeanor/violation: Up to fifty dollars ($50).
c. Traffic: Up to twenty-five dollars ($25).
(3) The additional fees provided for by this subsection may not be paid inot the pretrial diversion program fund.
(d) Each applicant accepted into the pretrial diversion program shall be assessed an additional fee between twenty-five dollars ($25) and one hundred dollars ($100), as determined by the district attorney, which shall be allocated to the Dale County Circuit Clerk's Office, for offenses filed in Dale County, and to the Geneva county Circuit Clerk's Office, for offenses filed in Geneva County. Money allocated to a circuit clerk pursuant to this subsection shall be available for use, at the clerk's discretion, to support the clerk's office.
(e) Each applicant accepted into the pretrial diversion program shall be assessed an additional fee between fifty dollars ($50) and one hundred dollars ($100), as determined by the district attorney, which shall be allocated to the Dale County General Fund, for offenses filed in Dale County and to the Geneva County General Fund, for offenses filed in Geneva County.
(f) 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.
(g) The district attorney may use a portion of the proceeds to fund other organizations that help support law enforcement.
(h) Fees required by this part shall be collected by the circuit clerk's office in which the offense was filed. Those fees due to the district attorney shall then be disbursed to the district attorney and shall be deposited by the district attorney into the pretrial diversion fund as described in Section 45-23-82.10. The circuit clerk shall make the disbursement in a timely manner.
Last modified: May 3, 2021