Mississippi Advisory Opinions September 13, 2002: AGO 2002-0530 (September 13, 2002)

Advisory Opinion Text

Honorable Faye Peterson

Hinds County District Attorney

Post Office Box 22747

Jackson, Mississippi 39225-2747

Re: Expenses for a Pretrial Intervention Program

Dear Ms. Peterson:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

We are in the process of setting up a pre-trial intervention program in this Circuit District which we hope to begin on October 1 of this year. The law provides that my office must do a background check, among other things, to determine the suitability of candidates for pre-trial intervention. These checks will involve time and, of course, expense.

I would like your opinion to the following question. Can this office charge an application fee of a nominal amount, say $25.00 in order to defray the administrative costs of determining a candidate's fitness for the pre-trial intervention program? The fee would be paid by the candidate when he/she submits the application for acceptance into the program, but prior to acceptance or rejection into the program by the District Attorney.

In response, Mississippi Code Annotated Section 99-15-121 provides:

Prior to the completion of the pretrial intervention program the offender shall make restitution, as determined by the district attorney and approved by the court, to the victim, if any, and shall pay any expenses to the administrator of this program which are incurred as a result of his participation in the program. The amount of such expenses shall be determined by the district attorney and made part of the initial agreement between the district attorney and the offender.

Based on the above quoted statute, it is the opinion of this office that a district attorney may charge an administrative fee to participants in a pretrial intervention program to offset background check expenses. However, we find no authority for the expenses to be charged against a defendant who has been rejected for the pretrial intervention program.

If we may be of further service to you, let us know.

Very truly yours,

Mike Moore, Attorney General

David K. Scott, Special Assistant Attorney General.