This section sets pretrial diversion program fees, allows the district attorney to impose testing and other conditions, and lets judges waive or reduce fees in some cases.
(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 may only be in-creased beyond this amount by future act of the Legislature. The amount of the assessment for participation in the program shall be in addition to any fees provided herein and restitution, court costs, and attorneys’ fees which the defendant shall be responsible to pay. (b) The district attorney and the defendant may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an inpatient or outpatient basis or receive other treatment alternatives deemed by the district attorney to be in the best interest of the defendant and society. The district attorney may require the defendant to submit to periodic or random drug or other testing as a part of the pretrial diversion program and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the district attorney may direct. The defendant shall pay the costs of all services unless waived as provided herein after considering the ability of the offender to pay. (c) Program fees as established by this section may be waived or reduced due to indigence, reduced ability to pay, or for other just cause at the discretion of the circuit court judge assigned to the case. If no circuit court judge is assigned to the case, the presiding judge of the Criminal Division of the Fifteenth Judicial Circuit shall determine the ability of a defendant to pay the fee. (d) The district attorney shall retain the sole discretion to approve the application of any defendant into the program. (e) The county commission for the circuit may expend monies from the general fund of the county for the payment of any or all of the costs of the program.