45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city judge, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city judge, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the probation officer or any agency or service provider in furtherance of the application and evaluation process and the same will be deducted from any money so refunded to the offender. (b) Upon approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.28.htm - 3K - Match Info - Similar pages
45-9-82.29
Section 45-9-82.29 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 or what charges the defendant will plead guilty to and the sentence the offender will receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receives a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit prior to admission of the offender in the pretrial diversion program. The district attorney may recommend that the court withhold adjudication of guilt or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.29.htm - 3K - Match Info - Similar pages
45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same will be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.10.htm - 3K - Match Info - Similar pages
45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.09.htm - 3K - Match Info - Similar pages
45-27-82.24
Section 45-27-82.24 Program requirements; records. (a) An offender who enters an intervention program shall satisfy each of the following requirements: (1) Waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial diversion program counselors and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.24.htm - 1K - 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
12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense including juveniles charged with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23-3.htm - 3K - Match Info - Similar pages
12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court. (2) Nothing in this chapter shall affect the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-4.htm - 6K - Match Info - Similar pages
12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney. c. The public defender or a member of the criminal defense bar. d. The drug court coordinator. e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment designed to meet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-2.htm - 5K - Match Info - Similar pages
15-13-190
Section 15-13-190 Procedures upon arrest; conditions of release or bail. (a) A person arrested for domestic violence in the first degree, pursuant to Section 13A-6-130, domestic violence in the second degree, pursuant to Section 13A-6-131, domestic violence in the third degree, pursuant to Section 13A-6-132, interference with a domestic violence emergency call, in violation of Section 13A-6-137, or domestic violence by strangulation or suffocation, pursuant to Section 13A-6-138, or a violation of a domestic violence protection order, may not be admitted to bail until after an appearance before a judge or magistrate within 24 hours of the arrest, and if the person is not taken before a judge or magistrate within 24 hours of the arrest, he or she shall be afforded an opportunity to make bail in accordance with the Alabama Rules of Criminal Procedure. (b) The judge or magistrate may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-190.htm - 4K - Match Info - Similar pages
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