45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge 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 still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge 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 still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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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...
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45-27A-30.03
Section 45-27A-30.03 Standards for admission. (a) Admittance of an offender into the pretrial
diversion program shall be appropriate if all of the following requirements are met: (1) The
offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic
citation, at the time the alleged offense or violation was committed. (2) There is a probability
that justice will be served if the offender is placed in the pretrial diversion program. (3)
It is determined that the needs of the city 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. (5) It appears the offender is not likely to be involved in further
criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The
offender has no previous record of committing the offense or offenses or violation or violations
with which he or she is charged. (b) The municipal...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) 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 not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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45-37A-160.01
of the City of Fultondale in accordance with Section 12-14-34. (6) OFFENDER. Any person charged
with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic
offense, as defined by this code, which was allegedly committed in the corporate limits or
police jurisdiction of the City of Fultondale. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city's municipal court judge.
(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-430, p. 1715, §2.)...
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45-37A-240.21
the Mayor of the City of Hoover in accordance with Section 12-14-34. (6) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by this code, which was allegedly committed in the corporate
limits or police jurisdiction of the City of Hoover. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city's municipal court judge.
(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-431, p. 1724, §2.)...
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45-37A-270.21
Mayor of the City of Irondale in accordance with Section 12-14-34. (6) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by this code, which was allegedly committed in the corporate
limits or police jurisdiction of the City of Irondale. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city's municipal court judge.
(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-429, p. 1707, §2.)...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) 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 not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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45-27A-30.06
Section 45-27A-30.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first court appearance or arraignment,
whichever comes first. (b) At the discretion of the municipal prosecutor, the provision contained
in subsection (a) may be waived by the municipal court. (Act 2010-578, p. 1275, §7.)...
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