Reference is to Printer's Date 2/6/13-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 17-22-50 of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:
(A) A person must not be considered
for intervention if:
(1) he previously has been accepted into an intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once; however, under no circumstances may an offender participate in a pretrial intervention program pursuant to this item more than three times;
(2) he has previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16; or
(3) the person is charged with:
(b) driving under the influence or driving with an unlawful alcohol concentration;
(c) a traffic-related offense which is punishable only by fine or loss of points;
(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;
(e) a crime of violence as defined in Section 16-1-60; or
(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 2. Section 17-22-60 of the 1976 Code is amended to read:
Intervention is appropriate only
(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;
(3) it is apparent that the offender poses no threat to the community;
(4) it appears that the offender is unlikely to be involved in further criminal activity;
(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(6) the offender has no significant history of prior delinquency or criminal activity;
(7) the offender has not previously been accepted in a pretrial intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once; however, under no circumstances may an offender participate in a pretrial intervention program pursuant to this item more than three times;
(8) the offender has not previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16."
SECTION 3. Section 17-22-110 of the 1976 Code is amended to read:
An applicant to an intervention program or an offender who
applies to the chief administrative judge of the court of
general sessions for admission to a program pursuant to Section
17-22-100 shall pay a nonrefundable application fee of one
hundred dollars and, if accepted into the program, a
nonrefundable participation fee of
three hundred fifty dollars prior to admission. All fees
paid must be deposited into a special circuit solicitor's fund
for operation of the pretrial intervention program. All fees or
costs of supervision may be waived partially or totally by the
solicitor in cases of indigency. The solicitor
may also, if he determines
necessary , in situations other than
indigency, may allow scheduling of payments in lieu of
lump sum payment. In no case shall aggregate fees for
application and participation in an intervention program exceed
three four hundred fifty dollars.
However, in cases where when the
solicitor determines that referral to another agency or program
is needed to achieve rehabilitation for a problem directly
related to the charge, the defendant may be required to pay his
participation in that special program, except that no services
may be denied due to inability to pay."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.