As Amended
SEC. 99-15-109. Conditions when intervention is appropriate.
(1) Intervention shall be appropriate only when:
(a) The offender is eighteen (18) years of age or older;
(b) There is substantial likelihood that justice will be served if the offender is placed in an intervention program;
(c) It is determined that the needs of the offender and the state can better be met outside the traditional criminal justice process;
(d) It is apparent that the offender poses no threat to the community;
(e) It appears that the offender is unlikely to be involved in further criminal activity;
(f) The offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
(g) The offender has no significant history of prior delinquency or criminal activity;
(h) The offender has been indicted and is represented by an attorney; and
(i) The court has determined that the office of district attorney or the department of corrections has sufficient support staff to administer such intervention program.
(2) When jurisdiction in a case involving a child is acquired by the circuit court pursuant to a transfer from the youth court, the provision of subsection (1)(a) of this section shall not be applicable.
SOURCES: Laws, 1983, ch. 445, Sec. 5; reenacted, 1987, ch. 329, Sec. 5, eff from and after July 1, 1987.