§ 5-4-910. Disposition of court costs and user fees
(a) All court costs and pre-adjudication probation program user fees assessed by the pre-adjudication probation program judge shall be paid to the circuit court clerk for remittance to the county treasury under § 14-14-1313. (b) The county treasurer shall credit all court costs received under this section to the county administration of justice fund to […]
§ 5-4-911. Required resources
Each pre-adjudication probation program established under this subchapter, subject to an appropriation, funding, and position authorization, both programmatic and administrative, shall be provided with the following resources: (1) The Department of Community Correction shall provide the following pursuant to § 5-4-903 for adult offenders: (A) A minimum of one (1) counselor position for every thirty […]
§ 5-4-912. Collection of data — Reporting requirement
(a) (1) A pre-adjudication probation program shall collect and provide data on pre-adjudication probation program applicants and all participants as required by the Administrative Office of the Courts. (2) Data collected under subdivision (a)(1) of this section shall include: (A) The total number of applicants; (B) The total number of participants; (C) The total number […]
§ 5-4-913. Education screening
A person eligible to enter a pre-adjudication program under this subchapter shall have his or her education level assessed by the court by completing a reading, literacy, and math assessment by the Adult Education Section.
§ 5-4-906. Record sealing upon completion
(a) A pre-adjudication probation program judge, on his or her own motion or upon a request from the participant in the pre-adjudication probation program, shall order sealing and dismissal of a case if: (1) The participant in the pre-adjudication probation program has successfully completed a pre-adjudication probation program, as determined by the pre-adjudication probation program […]
§ 5-4-907. Cost, fees, and restitution
(a) The pre-adjudication probation program judge may order the offender to pay: (1) Court costs as provided in § 16-10-305; (2) Any substance abuse treatment costs; (3) Drug testing costs; (4) Costs associated with mental health treatment; (5) A pre-adjudication probation program user fee; (6) Any restitution owed the victim of the charged criminal offense; […]
§ 5-4-908. Program operation
(a) (1) A pre-adjudication probation program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (2) A pre-adjudication probation program team shall be designated by a circuit judge assigned to manage the pre-adjudication probation program docket and may include a circuit judge, a […]
§ 5-4-909. Administrative Office of the Courts
The Administrative Office of the Courts shall: (1) Serve as a coordinator between pre-adjudication probation program judges, the Department of Community Correction, and other parties; (2) Establish, manage, and maintain a uniform statewide pre-adjudication probation program information system to track information and data on pre-adjudication probation program participants; (3) Train and educate pre-adjudication probation program […]
§ 5-4-901. Legislative intent
The intent of this act is to provide the judiciary with an additional alternative to the disposition of criminal offenders that would assist the offender in atoning for his or her criminal transgression and promote the enforcement of the state’s criminal statutes while easing the inmate burden on the county jails and the Division of […]
§ 5-4-902. Definitions
As used in this subchapter, “pre-adjudication” means the period of time after: (1) The prosecuting attorney files a criminal information or an indictment is filed in circuit court; (2) The person named in the criminal information or indictment is arraigned on the charge in circuit court; and (3) The person enters the program without a […]