Reference is to the bill as introduced.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS at the end to read:
/ SECTION __. 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 two hundred fifty dollars
prior to admission. An applicant who has previously been
accepted into a pretrial intervention program and who is
accepted for a second or subsequent time into a program as
provided by law shall pay a nonrefundable participation fee of
five hundred dollars. 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 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 hundred fifty dollars. However,
In cases where 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
SECTION ___. Section 17-22-940(F), (H), and (J), as added by Act 36 of 2009, are amended to read:
"(F) SLED shall
verify and document that the criminal charges in all cases,
except in cases when charges are sought to be expunged pursuant
to Section 17-1-40, are appropriate for expungement before the
solicitor or his designee, and then a circuit court judge, or a
family court judge in the case of a juvenile, signs the
application for expungement. If the expungement is sought
pursuant to Section 34-11-90(e), Section 22-5-910, Section
22-5-920, or Section 56-5-750(f), the conviction for any
traffic-related offense which is punishable only by a fine or
loss of points will not be considered as a bar to expungement.
(1) SLED shall receive a twenty-five dollar certified check or money order from the solicitor or his designee on behalf of the applicant made payable to SLED for each verification request, except that no verification fee may be charged when an expungement is sought pursuant to Section 17-1-40
17-22-150(a), or 44-53-450(b). SLED then shall forward
the necessary documentation back to the solicitor's office
involved in the process.
(2) In the case of juvenile expungements, verification and documentation that the charge is statutorily appropriate for expungement must first be accomplished by the Department of Juvenile Justice and then SLED.
(3) Neither SLED, the Department of Juvenile Justice, nor any other official shall allow the applicant to take possession of the application for expungement during the expungement process.
(4) In cases in which a person has successfully completed a pretrial intervention program for the first time, SLED shall receive a twenty-five dollar certified check or money order from the solicitor or his designee on behalf of the applicant made payable to SLED for each verification request. In cases in which a person has successfully completed a pretrial intervention program for a second or subsequent time, SLED shall receive a fifty dollar certified check or money order from the solicitor or his designee on behalf of the applicant made payable to SLED for each verification request.
expungement order may contain only one charge sought to be
expunged, except in those circumstances when expungement is
sought for multiple charges occurring out of a single incident
and subject to expungement pursuant to Section 17-1-40 or
17-22-150(a). Only in those circumstances may more than one
charge be included on a single application for expungement and,
when applicable, only one two hundred fifty-dollar fee, one
twenty-five dollar SLED verification fee, and
one thirty-five dollar clerk of court filing fee may be charged.
(J) Nothing in this
article precludes an applicant from retaining counsel to apply
to the solicitor's office on his behalf or precludes retained
counsel from initiating an action in circuit court seeking a
judicial determination of eligibility when the solicitor, in his
discretion, does not consent to the expungement. In either
event, retained counsel is responsible to the solicitor or his
designee, when applicable, for the two hundred fifty-dollar fee,
twenty-five dollar SLED verification fee,
and the thirty-five dollar clerk of court filing fee which must
be paid by retained counsel's client. " /
Renumber sections to conform.
Amend title to conform.