Section 45-51-82.26 – Persons Charged With Certain Criminal Conduct Ineligible for Program.
Section 45-51-82.26 Persons charged with certain criminal conduct ineligible for program. Persons charged with the following criminal conduct shall not be eligible for participation in any preprosecution diversionary program instituted under this part. (1) Abduction and kidnapping. (2) Arson. (3) Blackmail. (4) Bribery by or of a public official. (5) Burglary in the first degree. […]
Section 45-51-84.45 – Payment of Costs.
Section 45-51-84.45 Payment of costs. The costs of installation or enhancement of any system shall be paid entirely out of the special recording fees. Nothing contained in this section, however, shall prohibit the county from using any part of its own funds for the purpose of paying the costs of purchasing, operating, or maintaining, after […]
Section 45-51-82.27 – Decision to Screen or Divert Cases; Approval After Indictment.
Section 45-51-82.27 Decision to screen or divert cases; approval after indictment. Prior to the issuance of an indictment by a grand jury, the responsibility and authority for the decision to screen or divert cases, or to refuse to screen or divert particular cases, shall rest within the sole judgment and discretion of the district attorney […]
Section 45-51-84.46 – Special Recording Fee.
Section 45-51-84.46 Special recording fee. Effective immediately after June 1, 2012, a special recording and filing fee of five dollars ($5) shall be paid to and collected by the Judge of Probate of Montgomery County, with respect to each real property instrument, each personal property instrument, and each Uniform Commercial Code document that may be […]
Section 45-51-82.28 – Rights of Participating Defendants.
Section 45-51-82.28 Rights of participating defendants. Any defendant voluntarily participating in such a program shall have the right to: (1) Insist on criminal prosecution at any time the prosecution for the offense for which he or she is charged is pending, and to have a circuit court judge determine whether any pressure or coercion was […]
Section 45-51-82.29 – Rights of District Attorney.
Section 45-51-82.29 Rights of district attorney. In conducting such a program, the district attorney for the circuit shall have the right to: (1) Insist at any point upon the reinitiation of criminal proceedings, when, in his or her judgment, such action would be desirable. (2) The services of available probation workers within the county comprising […]
Section 45-51-82.30 – Non-Criminal Disposition of the Charges; Reinstitution of Criminal Proceedings.
Section 45-51-82.30 Non-criminal disposition of the charges; reinstitution of criminal proceedings. (a) After the completion of the preprosecution or pretrial diversionary period and the conditions imposed upon the defendant to the satisfaction of the district attorney, a defendant participating in such programs shall be entitled to a non-criminal disposition of the charges against him or […]
Section 45-51-82.31 – Petition to Expunge or Purge Records.
Section 45-51-82.31 Petition to expunge or purge records. (a) At the request of the defendant, the district attorney for the circuit may file in the circuit courts of such circuit or elsewhere as necessary, petitions seeking the expunging or purging of all records against an accused for the diverted offense, provided, however, the accused has […]
Section 45-51-82.32 – Fees; Program Requirements.
Section 45-51-82.32 Fees; program requirements. (a) A defendant admitted into the program shall be assessed a fee up to one thousand dollars ($1,000), with the fee to be set by the circuit judge and paid to the county commission earmarked for the operation of the pretrial diversion program. The fee for admittance into the program […]
Section 45-51-82.33 – Funding.
Section 45-51-82.33 Funding. The district attorney for the circuit, in his or her discretion, may use or expend monies from the district attorney fund for any or all of the costs of the program. (Acts 1978, No. 706, p. 1015, § 14.)