17-12-36. Alternative delivery system; annual review of operations by council; record keeping.

The council may permit a judicial circuit composed of a single county to continue in effect an alternative delivery system to the one set forth in this article if:#

1. (1)

   The delivery system:#

   1. (A)

      Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or#

   2. (B)

      Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July 1, 2003;#

2. (2)

   The council, by majority vote of the entire council, determines that the delivery system meets or exceeds its policies as the council adopts;#

3. (3)

   The governing authority of the county comprising the judicial circuit enacts a resolution expressing its desire to continue its delivery system and transmits a copy of such resolution to the council not later than September 30, 2004; and#

4. (4)

   The governing authority of the county comprising the judicial circuit enacts a resolution agreeing to fully fund its delivery system.#

A judicial circuit composed of a single county may request an alternative delivery system only one time; provided, however, that if such judicial circuit’s request for an alternative delivery system was disapproved on or before December 31, 2004, such judicial circuit may make one further request on or before September 1, 2005. The council shall allow such judicial circuit to have a hearing on such judicial circuit’s request.#

The council shall make a determination with regard to continuation of an alternative delivery system not later than December 1, 2005, and if the council determines that such judicial circuit’s alternative delivery system does not meet the requirements as established by the council, the council shall notify such judicial circuit of its deficiencies in writing and shall allow such judicial circuit an opportunity to cure such deficiencies. The council shall make a final determination with regard to continuation of an alternative delivery system on or before December 31, 2005. Initial and subsequent approvals of alternative delivery systems shall be by a majority vote of the entire council.#

Any circuit whose alternative delivery system is disapproved at any time shall be governed by the provisions of this article other than this Code section.#

In the event an alternative delivery system is approved, the council shall annually review the operation of such system and determine whether such system is meeting the requirements as established by the council and is eligible to continue operating as an approved alternative delivery system. In the event the council determines that such system is not meeting the requirements as established by the council, the council shall provide written notice to such system of the deficiencies and shall provide such system an opportunity to cure such deficiencies.#

In the event an alternative delivery system is approved, it shall keep and maintain appropriate records, which shall include the number of persons represented; the offenses charged; the outcome of each case; the expenditures made in providing services; and any other information requested by the council.#

In the event the council disapproves an alternative delivery system either in its initial application or annual review, such system may appeal such decision to the council under such rules and procedures as shall be prescribed by the council.#

An approved alternative delivery system shall be paid by the council, from funds available to the council, in an amount equal to the amount that would have been allocated to the judicial circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the judicial circuit was not operating an alternative delivery system.#