Section 9-27-11 - Eligibility for alternative sentencing through local mental health treatment court(1) In order to be eligible for alternative sentencing through a local mental health treatment court, the defendant must satisfy each of the following criteria: (a) The defendant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), within the previous ten (10) years.(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1).(c) Other criminal proceedings alleging commission of a crime of violence other than burglary under Section 97-17-23(1) cannot be pending against the defendant.(d) The crime before the court cannot be a charge of driving under the influence of alcohol or any other substance that resulted in the death of a person. In addition, defendants who are ineligible for nonadjudication under Section 63-11-30 shall be ineligible to participate in a mental health treatment court.(e) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the defendant have a prior conviction for the same.(2) Participation in the services of a mental health treatment component court shall be open only to the defendant over whom the court has jurisdiction, except that the court may agree to provide the services for participants referred from another mental health treatment court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.(3)(a) As a condition of participation in a mental health treatment court, a defendant shall be required to undergo chemical testing as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health treatment court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. Fees may be waived if the defendant is determined by the court to be indigent.(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health treatment court.(4) A defendant does not have a right to participate in a mental health treatment court under this chapter. The court having jurisdiction over a defendant for a matter before the court shall have the final determination about whether the defendant may participate in the mental health treatment court under this chapter. However, any defendant meeting the eligibility criteria in subsection (1) of this section, shall, upon request, be screened for admission into the court's program.Amended by Laws, 2023, ch. 356, HB 1218,§ 6, eff. 7/1/2023.Amended by Laws, 2019, ch. 466, HB 1352,§ 19, eff. 7/1/2019.Added by Laws, 2017, ch. 416, HB 1089, 6, eff. 4/11/2017.