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45-45A-31.20
Section 45-45A-31.20 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 Huntsville as a condition precedent to participation in a pretrial diversion
program. (2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City
of Huntsville or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City
Council of the City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position
by the City Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision
(1) of Section 41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15)
of Section 36-25-1, whether employed in this state or elsewhere. (8) 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.20.htm - 2K - 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
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...
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45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any
condition of the pretrial diversion program agreed to in writing by the offender and the district
attorney, the district attorney may terminate the participation of the offender in the program
and pursue criminal charges against the offender. The offender shall be given written notice
of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2009-460, p. 802, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.31.htm - 1K - 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
45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue prosecution of the offender for the crime or crimes charged. The offender shall be
given written notice of the intent of the district attorney to terminate him or her from the
pretrial diversion program, including the reason for the termination. Upon removal from the
program, the offender shall be deemed to forfeit, for the use of the pretrial diversion program
purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion
program. (b) The district attorney may waive a violation for good cause shown why the offender
should stay in the pretrial diversion program. (Act 2006-89, p. 110, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.11.htm - 1K - Match Info - Similar pages
45-12-82.11
Section 45-12-82.11 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. Upon removal from
the program, the offender will be deemed to forfeit, for the use of the pretrial diversion
program purposes provided for in this part, any fees paid for the admission into the pretrial
diversion program. (b) The district attorney may waive a violation for good cause shown why
the offender should stay in the pretrial diversion program. (Act 2006-595, p. 1625, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.11.htm - 1K - Match Info - Similar pages
45-16-82.31
Section 45-16-82.31 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. Upon removal from
the program, the offender will be deemed to forfeit, for the use of the pretrial diversion
program purposes provided for in this subpart, any fees paid for the admission into the pretrial
diversion program. (b) The district attorney may waive a violation for good cause shown why
the offender should stay in the pretrial diversion program. (Act 2005-145, p. 249, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.31.htm - 1K - Match Info - Similar pages
45-3-82.51
Section 45-3-82.51 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. Upon removal from
the program, the offender will be deemed to forfeit, for the use of the pretrial diversion
program purposes provided for in this subpart, any fees paid for the admission into the pretrial
diversion program. (b) The district attorney may waive a violation for good cause shown why
the offender should stay in the pretrial diversion program. (Act 2007-499, p. 1058, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.51.htm - 1K - Match Info - Similar pages
45-1-82.09
Section 45-1-82.09 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 recommended sentence the
offender is suggested to receive. If, as part of the pretrial diversion program, the offender
agrees to plead guilty to a particular offense and to be subjected to receive a recommended
specific sentence, this agreement concerning the offense and suggested or recommended sentence,
or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the offender...
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