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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-2.htm - 11K - Match Info - Similar pages
45-27A-30
Section 45-27A-30 Pretrial diversion program. (a) The clerk of the municipal court of
the City of Brewton may establish a pretrial diversion program. (b) It shall be among the
purposes of the pretrial diversion program to provide an alternative to prosecuting offenders
within the City of Brewton's criminal justice system. (c) 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 municipal court or municipal prosecutor shall be retained.
(d) The pretrial diversion program shall be under the supervision of the Clerk of the Municipal
Court of the City of Brewton. (Act 2010-578, p. 1275, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.htm - 1K - Match Info - Similar pages
12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters
into a pretrial diversion program established under this division shall be brought before
a court of competent jurisdiction and shall satisfy each of the following requirements: (1)
Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior
to entering into any agreement or seeking entry into a pretrial diversion program created
pursuant to this division, an offender must be represented by counsel or waive his or her
right to have counsel before a judge of a court of competent jurisdiction. If the offender
is indigent, nothing in this division shall prevent the court from appointing counsel to represent
an offender. (c) An offender who enters a pretrial diversion program pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.5.htm - 1K - Match Info - Similar pages
45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement, written by the offender, 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, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement within
a specified period of time and in an amount to be determined by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.25.htm - 2K - Match Info - Similar pages
45-37A-160
Section 45-37A-160 Establishment of pretrial diversion program. (a) Notwithstanding
any other law to the contrary, the City of Fultondale may establish a pretrial diversion program
for any defendant within the jurisdiction of the municipal court. (b) All discretionary powers
endowed by a common law and provided by statutes and acts of this state or powers or discretion
otherwise provided by law for the City of Fultondale shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the city and the city may contract
with any agency, person, or corporation for services related to this article. The city may
employ necessary persons to accomplish this article and those persons shall serve at the pleasure
of the city. (Act 2013-430, p. 1715, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.htm - 1K - Match Info - Similar pages
45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement written by the offender, 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, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement within
a specified period of time and in an amount to be determined by the district...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.05.htm - 2K - Match Info - Similar pages
45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion
program is in the absolute discretion of the district attorney. However, an offender deemed
by the district attorney to be a threat to the safety or well-being of the community shall
not be eligible for the program. Further, an offender charged with the following offenses
shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense
which intentionally, knowingly, or recklessly resulted in death or serious physical injury
to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment
of a child. (5) An offense involving violence in which the victim was a child under 14 years
of age, a law enforcement officer, a school officer, a correctional officer, active duty military
personnel of the United States Armed Forces, or an elderly person over the age of 65. (6)
An offense involving violence in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions
of a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.12.htm - 1K - Match Info - Similar pages
12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution
Services shall develop and maintain a pretrial diversion offender database. Any existing or
newly created pretrial diversion program, regardless of whether it was established by this
division or created by local law, municipal ordinance, or other administrative action, or
is an existing district attorney or municipal pretrial diversion program, shall be subject
to this section. Upon entry into any pretrial diversion program, the district attorney
or municipal prosecutor shall submit information, including the name, date of birth, and identifying
personal vital information of a participating offender. The district attorney or municipal
prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief
description of any underlying qualifying offense, and a brief description of the agreed upon
disposition of the offense. If the offender was prematurely terminated from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
45-18-81.23
Section 45-18-81.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (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 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 state 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 wellbeing 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. (b) The district attorney may
waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2004-478, p. 884, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-18-81.23.htm - 1K - Match Info - Similar pages
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