(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participating in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the city attorney.
(b) The following application fees shall be applied to offenders accepted into the program:
(1) Driving under the influence (DUI): Five thousand dollars ($5,000).
(2) Domestic violence offenses: One thousand five hundred dollars ($1,500).
(3) Other misdemeanor offenses: Seven hundred fifty dollars ($750).
(4) Traffic offenses not including DUI: Five hundred dollars ($500).
(5) Violations: Two hundred fifty dollars ($250).
(c) The amount of the application fee for each offender shall be established by the city attorney.
(d) The application fee shall be allocated to the general fund of the municipality.
(e) An applicant offender may not be denied access into the pretrial diversion program based solely on the inability of the offender to pay the application fee. Application fees may be waived or reduced for just cause, including indigency of the offender, at the discretion of the city. Any determination of the indigency of the offender for purposes of program fee mitigation shall be made by the city, but any mitigation shall be done only upon the determination by the city that there is no reasonable likelihood within the reasonably foreseeable future that the offender will have the ability to pay the application fee.
Last modified: May 3, 2021