Section 45-45-83.46
Fees.
(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, assessments for victims, or drug, alcohol, or anger management treatment required by law, the district attorney, or the court and shall be in addition to costs of supervision, treatment, and restitution for which the pretrial admittee may be responsible. Pretrial intervention program fees, as established by this section, may be waived or reduced due to indigency or reduced ability to pay or for just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial intervention admission or 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, as set by the district attorney, shall be paid by applicants accepted into the pretrial intervention program:
(1) Felony offenses: Up to one thousand dollars ($1,000).
(2) Misdemeanor offenses, excluding traffic offenses: Up to seven hundred fifty dollars ($750).
(3) Traffic offenses: Up to five hundred dollars ($500).
(4) Violations: Up to two hundred fifty dollars ($250).
(c) In addition to the application fee, the offender shall pay an administration and supervision fee not to exceed forty dollars ($40) per week during the time that the offender participates in the pretrial intervention program.
(d)(1) The district attorney may use fees collected by the pretrial intervention program to fund all of the following:
a. The pretrial intervention program.
b. The prosecution of state criminal cases.
c. Support of state and local law enforcement.
d. Education programs which relate to the prosecution of, detection of, or prevention of crime.
e. Benefit any agency or department of state, city, or county government assisting local law enforcement.
(2) Support shall be provided to employ more prosecutors, law enforcement officers, investigators, or other staff, to purchase necessary equipment or supplies, to provide training opportunities, or any other prosecutorial or law enforcement purpose.
(e) Except for court costs, which are payable by the applicant directly to the clerk of court, fees required by this section shall be collected by the office of the District Attorney for the Twenty-third Judicial Circuit.
(f) The district attorney, without further legislative action, may raise fees to equal any fees prescribed by general law in the event a state pretrial intervention program is enacted.
(Act 94-392, p. 645, § 7; Act 2012-361, p. 901, § 1.)