45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.03.htm - 1K - Match Info - Similar pages
45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or wellbeing of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b) A...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages
45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages
12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge or charges and receives a specific sentence, an agreement concerning when the plea of guilt will occur, to what charges to which the offender will plead guilty, and any sentence to be imposed shall be approved by and submitted to an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision or treatment. A schedule of payments for any of these fees may be established by the district attorney. (b) The amount of the administration fee shall be determined by the district attorney. The administration fees shall not exceed the amount assessed for a first offense pursuant to Section 13A-12-281(a) for each case for which the offender makes application for acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.8.htm - 5K - Match Info - Similar pages
45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the municipality as a condition precedent to participating in a pretrial diversion program. (2) CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER. As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY. A municipality in Geneva County that has a municipal court, city attorney, and police department. (6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.01.htm - 1K - Match Info - Similar pages
45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge and receive a specific sentence, an agreement concerning when the plea of guilty will occur, to what charge to which the offender will plead guilty, and any sentence to be imposed, shall be approved by an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition of being admitted into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.29.htm - 4K - Match Info - Similar pages
45-37A-160.01
Section 45-37A-160.01 Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Fultondale as a condition precedent to participation in a pretrial diversion program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor. (3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the City of Fultondale duly appointed by the city council in accordance with Section 12-14-30, or a special judge appointed by the Mayor of the City of Fultondale in accordance with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal...
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45-37A-240.21
Section 45-37A-240.21 Definitions. For the purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Hoover as a condition precedent to participation in a pretrial diversion program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting cases in the City of Hoover Municipal Court or any legal staff employed by the city prosecutor. (3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the City of Hoover duly appointed by the city council in accordance with Section 12-14-30, or a special judge appointed by the Mayor of the City of Hoover in accordance with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense, including, but...
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45-37A-270.21
Section 45-37A-270.21 Definitions. For the purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Irondale as a condition precedent to participation in a pretrial diversion program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting cases in the City of Irondale Municipal Court or any legal staff employed by the city prosecutor. (3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the City of Irondale duly appointed by the city council in accordance with Section 12-14-30, or a special judge appointed by the Mayor of the City of Irondale in accordance with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense,...
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