|
45-23-82.02
Section 45-23-82.02 Applicants for admittance. (a) A person charged with a criminal
offense specified in this subsection whose jurisdiction is in the circuit or district court
of the Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third
Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only
with any of the following offenses may apply for the program: (1) A traffic offense, other
than driving under the influence (DUI). (2) A property offense. (3) An offense wherein the
victim did not receive serious physical injury. (4) An offense in which the victim was not
a child under 14 years of age, a law enforcement officer, a school official, or a correctional
officer. (5) A misdemeanor other than one specifically excluded in this section. (c)
The following offenses are ineligible for consideration for the pretrial diversion program:
(1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of
a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.02.htm - 2K - Match Info - Similar pages
45-31-84.08
Section 45-31-84.08 Fees. (a) An offender may be assessed a nonrefundable application
fee when the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city attorney. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Driving under the influence (DUI):
Five thousand dollars ($5,000). (2) Domestic violence offenses: One thousand five hundred
dollars ($1,500). (3) Other misdemeanor offenses: Seven hundred fifty dollars ($750). (4)
Traffic offenses not including DUI: Five hundred dollars ($500). (5)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.08.htm - 2K - Match Info - Similar pages
45-27A-30.07
Section 45-27A-30.07 Costs and fees. (a) An applicant may be assessed a nonrefundable
application fee of not more than one hundred dollars ($100) when applying for admittance into
the program. The amount of this application fee shall be set from time to time by the municipal
court. The application fee shall be in addition to the program fee, court costs, and other
allowable costs listed in subsection (b). (b) An offender may be assessed a fee when the offender
is approved for admittance into the program. The amount of the assessment for participation
in the program shall be in addition to all of the following: (1) The application fee set forth
herein. (2) Any court costs and assessments for victims or drug, alcohol, or anger management
treatment required by law, the municipal prosecutor, or the municipal court. (3) Any costs
of supervision, treatment, and restitution for which the pretrial diversion admittee may be
responsible. (c) Pretrial diversion program fees as established by this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.07.htm - 2K - Match Info - Similar pages
32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - 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
12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of
program; Restorative Justice Initiative; violations of terms or conditions. (a) An offender
who enters into a pretrial diversion program established under this division may satisfy any
of the following requirements: (1) Provide a statement admitting his or her participation
in, and responsibility for, the offense which is the subject of the application for entry
into the pretrial diversion program. The statement provided by the offender shall be admissible
in any criminal trial. (2) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (3) If there is restitution, agree in writing
to a restitution amount to be paid within a specified period of time, or for restitution to
remain open for future changes due to the nature of the injury or loss pursuant to the agreement.
(4) If the investigating law enforcement agency incurred extraordinary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.6.htm - 6K - Match Info - Similar pages
45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the pretrial diversion program. (3) It is determined the needs
of the state and of the offender can be met through the pretrial diversion program. (4) The
offender appears to pose no threat to the safety and well-being of the community. (5) It appears
the offender is not likely to be involved in further criminal activity. (6) The offender will
likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in any state. (8) The offender
has no prior misdemeanor or felony convictions. (b) The district attorney may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.03.htm - 1K - Match Info - Similar pages
45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the diversion program. (3) It is determined the needs of the
state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no threat to the safety and well-being of the community. (5) It appears the
offender is not likely to be involved in further criminal activity. (6) The offender will
likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in any state. (8) The offender
has no prior misdemeanor or felony convictions. (b) The district attorney may waive any of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.03.htm - 1K - Match Info - Similar pages
45-31-84.04
Section 45-31-84.04 Ineligibility for program. Admittance into the pretrial diversion
program is in the sole discretion of the city attorney. An offender deemed by the city attorney
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 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 weapons are 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. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.04.htm - 1K - Match Info - Similar pages
45-35A-56.03
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion
program is in the sole discretion of the city attorney. An offender deemed by the city attorney
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 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 weapons are 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. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.03.htm - 1K - Match Info - Similar pages
|