Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of the following: a. A controlled substance, a drug or other substance for which a […]
Section 45-41-83.02 Alternative Sentencing Board – Created. The Lee County Alternative Sentencing Board is created. The board shall oversee and operate all programs, services, and administrative functions of the Lee County Alternative Sentencing Program, including, but not limited to, drug court, the court referral officer program, and district court probation. (Act 2009-330, p. 558, §3.)
Section 45-41-83.03 Alternative Sentencing Board – Composition. The number of members comprising the board shall be seven, two of whom shall be nonpermanent members appointed by the Lee County Commission, and the remaining five being permanent members consisting of the presiding circuit judge for the 37th Judicial Circuit, a Lee County district judge appointed by […]
Section 45-41-83.04 Alternative Sentencing Board – Terms; expenses; vacancies; officers; meetings. (a) Each nonpermanent member shall hold office until his or her successor has been appointed by the Lee County Commission and shall be a resident of Lee County. (b) The nonpermanent members shall serve without compensation but may be reimbursed actual and reasonable expenses […]
Section 45-41-83.05 Alternative Sentencing Board – Implementation of part. The board may implement this part and superintend all administrative functions and services for programs designed to assist individuals charged or adjudicated with an offense that is not a violent offense as defined in Section 45-41-83.05, which programs include the following: (1) A supervised preadjudication, postadjudication, […]
Section 45-41-83.06 Additional programs. Creation of any additional alternative sentencing programs not specifically identified in subdivisions (1), (2), and (3) of Section 45-41-83.05 requires unanimous approval by the board. (Act 2009-330, p. 558, §7.)
Section 45-41-83.08 Authority of district attorney. Regardless of the authority granted to the board, this part shall not interfere with or change in any manner the authority of the Lee County District Attorney to nolle prosequi any charges, to lawfully establish and operate a deferred prosecution program or a pretrial diversion program, or to preclude […]
Section 45-41-83.09 Effect on duties of juvenile or adult probation officers. Regardless of the authority granted to the board, the program shall not interfere with, abrogate, or change in any manner the duties and responsibilities of juvenile or adult probation officers. (Act 2009-330, p. 558, §10.)
Section 45-41-83.10 Authority of board. The board shall be vested with all authority necessary to implement the purposes of this part, including, but not limited to, the authority necessary to do all of the following: (1) Create or remove employment positions, set or alter pay scales, employ, direct, regulate, supervise, and dismiss personnel, and obtain […]
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of all of the following: a. A circuit judge appointed by the board. b. The district attorney or his or her designee. c. A public defender […]
Section 45-41-83.12 Drug court coordinator; meetings of drug court team; transfer of participants. (a) Specifically with a drug court program, the board shall hire or contract for an individual as the drug court coordinator. The drug court coordinator shall be responsible for the general administration of drug court, with the assistance of the drug court […]
Section 45-41-83.13 Conditions of supervision. Any circuit or district court may order that any adjudicated person shall be supervised by the program under any conditions ordered by the court, and in accord with all of the rules and procedures of the program. These conditions shall include, but not be limited to, the participant, during the […]
Section 45-41-83.14 Legislative intent; construction; failure to abide by conditions. For programs utilizing supervised preadjudication release, it is the intent of the Legislature that this part shall be a guide to courts in Lee County to ensure that no eligible person is needlessly detained in the county jail because of his or her personal economic […]
Section 45-41-83.15 Community service. The court may also require any participant in the program to perform community service hours for nonprofit entities, civic organizations, or governmental agencies as directed and supervised by the program. Failure to abide by any conditions may result in the arrest of the participant for violation of the conditions of bond, […]
Section 45-41-83.16 Incentives. The court may grant reasonable incentives to participants pursuant to the waiver and agreement to participate in the program if the court finds that the participant has done all of the following: (1) Is performing satisfactorily in the program. (2) Is benefitting from education, treatment, and rehabilitation. (3) Has not engaged in […]
Section 45-41-83.17 Jail credit. Any jail credit shall be calculated in the customary manner and deducted from the time ordered for participation in the program, unless otherwise ordered by the court. In no event shall the number of days spent incarcerated for violation of the rules of the program exceed the number of days of […]
Section 45-41-83.18 Disposition of fees. Any and all fees collected from any participant, whether by payroll deduction, garnishment, or otherwise, shall be paid over to and collected by employees or agents of the board and deposited into its accounts for the purposes set out in this part. The sums shall be expended only for implementation […]
Section 45-41-83.19 Financial hardship. Where it is determined by the court that payment of the fees and sums mandated by operation of this part imposes a definite and substantial financial hardship on the participant, or his or her dependents, the collection and payment of the fees or sums may be deferred or waived in whole […]
Section 45-41-83.20 Financial records; audit. The program shall maintain a complete and accurate record of all sums collected and expended and there shall be an audit of the same by an appropriate authority at least every three years. (Act 2009-330, p. 558, §21.)
Section 45-41-83.21 Confidentiality of information. The program shall maintain information in accordance with state and federal confidentiality laws for anyone receiving drug test results, a screening an assessment, or other personal medical information. (Act 2009-330, p. 558, §22.)
