45-4-83.10
Section 45-4-83.10 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. Except for the twenty-five dollars ($25) payable to the
circuit clerk pursuant to subsection (c) of Section 45-4-83.07, fees paid by offenders
pursuant to Section 45-4-83.07 shall be placed into the Pretrial Diversion Program
Fund. The district attorney shall use the funds in the Pretrial Diversion Program fund to
pay costs associated with the administration of the pretrial diversion program or for other
law enforcement purposes. Costs associated with program administration shall include, but
shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire,
telephones, postage, office supplies and equipment, training and travel services, service
contracts, and professional services. The district attorney may pay for services or programs
for an offender while the offender is in the pretrial diversion program if special circumstances
and...
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45-4-83
Section 45-4-83 Establishment of pretrial diversion program; discretionary powers; supervision
and control. (a) The District Attorney of the Fourth Judicial Circuit of Alabama may establish
a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided
for by statutes and acts of this state or powers or discretion otherwise provided by law for
the District Attorney of the Fourth Judicial Circuit shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the district attorney and the
district attorney may contract with any agency, person, or corporation for services related
to this part. The district attorney may employ necessary persons to accomplish this part and
these persons shall serve at the pleasure of the district attorney. (Act 2006-418, p. 1036,
§1.)...
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45-12-82.01
Section 45-12-82.01 Establishment of pretrial diversion program; discretionary powers;
supervision and control. (a) The District Attorney of the First Judicial Circuit of Alabama
may establish a pretrial diversion program. (b) All discretionary powers endowed by the common
law and provided for by statutes and acts of this state or powers or discretion otherwise
provided by law for the District Attorney of the First Judicial Circuit shall be retained.
(c) The pretrial diversion program shall be under the direct supervision and control of the
district attorney and the district attorney may contract with any agency, person, or corporation
for services related to this part. The district attorney may employ necessary persons to accomplish
this part and these persons shall serve at the pleasure of the district attorney. (Act 2006-595,
p. 1625, §2.)...
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45-39-82.01
Section 45-39-82.01 Pretrial diversion program established; discretionary powers; supervision
and control. (a) The district attorney may establish a pretrial diversion program within the
Eleventh Judicial Circuit in Lauderdale County. (b) All discretionary powers endowed by the
common law, provided for by statute and acts of this state, or otherwise provided by law for
the district attorneys of this state shall be retained. (c) The pretrial diversion program
shall be under the direct supervision and sole control of the district attorney. (d) The district
attorney may contract with any agency, person, or corporation for services related to this
part and may employ persons necessary to accomplish this part, who shall serve at the pleasure
of the district attorney. (Act 2011-651, p. 1661, §2.)...
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12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision
and control; intervention plans. (a) The district attorney of any judicial circuit of this
state may establish a pretrial diversion program within that judicial circuit or any county
within that judicial circuit. (b) All discretionary powers endowed by the common law, provided
for by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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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...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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45-18-81.20
Section 45-18-81.20 Established; discretionary powers; supervision and control. (a)
The District Attorney of the Thirty-fifth Judicial Circuit may establish a pretrial diversion
program. (b) All discretionary powers endowed by the common law and provided for by statutes
and acts of this state or powers or discretion otherwise provided by law for the District
Attorney of the Thirty-fifth Judicial Circuit shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the district attorney and the
district attorney may contract with any agency, person, or corporation for services related
to this division. The district attorney may employ necessary persons to accomplish this division
and these persons shall serve at the pleasure of the district attorney. (Act 2004-478, p.
884, §1.)...
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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...
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45-28-82.21
Section 45-28-82.21 Established; discretionary powers; supervision and control. (a)
The district attorney may establish a pretrial diversion program within the Sixteenth Judicial
Circuit in Etowah County. (b) All discretionary powers endowed by the common law, provided
for by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) The pretrial diversion program shall be under the direct
supervision and sole control of the district attorney. (d) The district attorney may contract
with any agency, person, or corporation for services related to this subpart and may employ
persons necessary to accomplish this subpart, who shall serve at the pleasure of the district
attorney. (Act 2011-606, p. 1342, §2.)...
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