Bill Summary: SB01165 - An Act Concerning Diversionary Programs

• Courts must waive all application and program fees for indigent defendants (those with public defenders) participating in diversionary programs, including community service, accelerated rehabilitation, drug education, alcohol education, family violence education, and probation programs.

• Courts cannot require completion of community service as a condition for waiving fees for indigent defendants.

• Expands eligibility for pretrial drug education and accelerated rehabilitation programs by allowing defendants to participate if ten or more years have passed since previous program dismissals, instead of being permanently barred.

• Modifies community service labor program requirements to automatically seal court files (as to the public) upon defendant's sworn statement of no prior placements, and increases penalties from 14/30 days to 14/30/40 days for first/second/third violations.

• Adds "developmental disabilities" as a qualifying condition for supervised diversionary programs and allows courts to require up to 25 hours of community service for defendants in school violence prevention programs for a second or subsequent time.