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12-17-227.11
Section 12-17-227.11 (Effective November 8, 2016, subject to contingencies) Supernumerary program;
participation election. (a) A person serving as district attorney, supernumerary district
attorney, or who has made an election to assume the office of supernumerary district attorney
or is otherwise entitled to participate in the supernumerary district attorney program established
under Division 2 of this article shall, subject to subsection (c), continue to serve or participate
in the supernumerary district attorney program, which shall include the assumption of the
office of the supernumerary district attorney after November 8, 2016 according to the terms
and conditions of Division 2 of this article, notwithstanding the fact that the person may
be re-elected after November 8, 2016 to the office he or she is holding on November 8, 2016.
(b) No person may participate in both the supernumerary district attorney program and the
Employees' Retirement System based on the same service. (c) A...
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40-6-4.1
Section 40-6-4.1 Election to participate. Any official who is eligible to participate in the
supernumerary program provided by this chapter, and who is participating or eligible to participate
in any other state or county retirement program, shall elect whether he or she shall participate
in the supernumerary program or in the other retirement program. Election to participate in
the supernumerary program shall be made in writing to the county governing body of the county
in which the official is serving within 60 days following April 22, 1994; or within 60 days
after taking office as the official, whichever last occurs. If the official is participating
in any other state or county retirement program, he or she shall simultaneously withdraw from
that program. Upon election to participate in the supernumerary program, the official shall
immediately pay to the county tax collector or other official charged with collecting ad valorem
taxes, for each prior year of eligible service to which...
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36-22-60
Section 36-22-60 Qualifications; election; filling of vacancy; article applies only to elected
sheriffs. Any sheriff, on or after July 19, 1979, of any county of this state may elect to
participate in the supernumerary sheriff's program provided by this article. Any sheriff,
on or after July 19, 1979, of any county of this state: (1) Who has had 12 years of service
credit as a law enforcement officer, four of which have been as a sheriff and who has become
permanently and totally disabled, proof of such disability being made by certificate of three
reputable physicians; or (2) Who has had 16 years of service credit as a law enforcement officer,
12 of which have been as a sheriff, and who has reached the age of 55 years; may elect to
become a supernumerary sheriff of the county by filing a written declaration to that effect
with the Governor not more than 90 days prior to the end of the 16 year period or reaching
the age of 55 years, both having been fulfilled, or at any time...
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45-45-235
Section 45-45-235 Participation in program. (a) Any sheriff or any person who has served as
Sheriff of Madison County who meets either of the following qualifications may elect to participate
in the supernumerary sheriff's program: (1) A person who has had 12 years of service as a
law enforcement officer, four of which have been as a sheriff, and who has become physically
unable to carry out his or her duties on a full-time basis, proof of such disability being
made by certificate of three reputable physicians. (2) A person who has had 30 years of service
as a Madison County law enforcement officer; eight of which have been as a Sheriff of Madison
County, and who has reached the age of 55 years. (b) The person may elect to become a supernumerary
sheriff of the county by filing a written declaration to that effect with the Governor not
more than 90 days prior to the end of the 30-year period or reaching the age of 55 years,
both having been fulfilled, or at any time thereafter. If the...
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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to
opt into this division. (a) A district attorney, to the extent practicable, may enter into
an agreement with a community correction entity, to utilize the services of existing community
corrections programs established pursuant to Section 15-18-170, or faith based community programs,
which are certified by the Alabama Department of Mental Health, to provide for the supervision
of defendants participating in a pretrial diversion program established under this division.
The district attorney may enter into an agreement with a drug court entity to utilize the
services of existing certified drug court programs established pursuant to Section 12-23A-4,
provided that the district attorney determines it would serve the best interest of justice
and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11,
if, upon enactment of this legislation, a pretrial diversion...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the 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 community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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12-17-227.6
Section 12-17-227.6 (Effective November 8, 2016, subject to contingencies) Payments from plan;
optional allowances; replacement beneficiaries. (a) Should a member cease to be a district
attorney except by death or by retirement under the provisions of this division, the contributions
standing to the credit of his or her individual account in the fund shall be paid to him or
her upon demand and, in addition to such payment, there shall be paid five-tenths of the interest
accumulations standing to the credit of his or her individual account if he or she shall have
not less than three but less than 16 years of membership service, six-tenths of such interest
accumulations if he or she shall have not less than 16 but less than 21 years of membership
service, seven-tenths of such interest accumulations if he or she shall have not less than
21 but less than 26 years of membership service and eight-tenths of such interest accumulations
if he or she shall have not less than 26 years of...
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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...
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12-17-227.3
Section 12-17-227.3 (Effective November 8, 2016, subject to contingencies) Transfer of membership
service and accumulated contributions. (a) Any active and contributing member of the District
Attorneys' Plan who, not more than one year prior to becoming a member of the plan was a member
of the Employees' Retirement System of Alabama or the Teachers' Retirement System of Alabama,
may elect to transfer his or her membership service and accumulated contributions in the Employees'
Retirement System or the Teachers' Retirement System to the District Attorneys' Plan. (b)
Any active and contributing member desiring to transfer any membership service and accumulated
contributions under subsection (a) shall notify the Board of Control of the Employees' Retirement
System of his or her election to transfer membership service and shall authorize the transfer
of the amount of his or her accumulated contributions to his or her credit in the Employees'
Retirement System or Teachers' Retirement System...
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12-5A-9
Section 12-5A-9 Participation of eligible employees in Employees' Retirement System; creditable
service; formal leave accounting system; inclusion in health insurance plan. (a) Class specifications
and rates of compensation for employees covered by this chapter, juvenile probation officers,
juvenile probation professional staff, and clerical staff, hereafter called "eligible
employees," and any future employees occupying those positions shall be established by
the Administrative Director of Courts. Notwithstanding the foregoing, the compensation of
any employee shall not be diminished as a result of his or her inclusion in the state court
system personnel system. (b) Eligible employees included in the state court system personnel
system pursuant to this chapter shall, on October 1 of the year their county transitions,
be covered by the Employees' Retirement System. An employee who on that date is participating
in a local retirement plan other than a unit administered by the Employees'...
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