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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12-17-226.1
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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12-17-226.3
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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45-28-82.35
Section 45-28-82.35 Use of other programs. The district attorney, to the extent practicable,
may utilize the services of an existing community corrections program established pursuant
to Section 15-18-170, to provide for the supervision of a defendant participating in
the pretrial diversion program. The district attorney may utilize the services of an existing
drug court program established pursuant to Section 12-23A-4, so long as the district
attorney determines it would serve the best interests of justice and the community. (Act 2011-606,
p. 1342, §16.)...
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45-39-82.15
Section 45-39-82.15 Use of other programs. The district attorney, to the extent practicable,
may utilize the services of an existing community corrections program established pursuant
to Section 15-18-170, to provide for the supervision of a defendant participating in
the pretrial diversion program. The district attorney may utilize the services of an existing
drug court program established pursuant to Section 12-23A-4, so long as the district
attorney determines it would serve the best interest of justice and the community. (Act 2011-651,
p. 1661, §16.)...
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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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12-17-226.10
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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45-16-82.27
Section 45-16-82.27 Costs and fees. (a) An applicant may be assessed a fee when the
applicant is approved for the program. The amount of the assessment for participation in the
program shall be in addition to any court costs and assessments for victims or drug, alcohol,
or anger management treatment required by law, the district attorney, or the court, and are
in addition to costs of supervision, treatment, and restitution for which the pretrial diversion
admittee may be responsible. Pretrial diversion program fees as established by this subpart
may be waived or reduced due to indigency or reduced ability to pay or for other just cause
at the discretion of the district attorney. The determination of indigency of the offender,
for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by
the district attorney. A schedule of payments for any of these fees may be established by
the district attorney. (b) The following fees shall be paid by applicants accepted...
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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have
the following meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs,
or physical structure which shall provide the programs or custodial care for eligible persons
released from custody prior to the adjudication of their case or sentenced to participate
in programs developed pursuant to this part after having been adjudicated and sentenced. (2)
BALDWIN COUNTY COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised
by either the Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin
County Pretrial Release and Community Corrections Board for the deposit of all funds, from
whatever source, collected for the operation and supervision of the programs developed and
operated pursuant to this part. The agency superintending the Baldwin County Community Corrections
Center shall supervise and manage this account. Funds deposited into this...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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