45-37A-160.09
Section 45-37A-160.09 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-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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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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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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13A-5-43
Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included offenses;
sentencing. (a) In the trial of a capital offense the jury shall first hear all the admissible
evidence offered on the charge or charges against the defendant. It shall then determine whether
the defendant is guilty of the capital offense or offenses with which he is charged or of
any lesser included offense or offenses considered pursuant to Section 13A-5-41. (b) If the
defendant is found not guilty of the capital offense or offenses with which he is charged,
and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41,
the defendant shall be discharged. (c) If the defendant is found not guilty of the capital
offense or offenses with which he is charged, and is found guilty of a lesser included offense
or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed
as provided by law. (d) If the defendant is found guilty of a...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State Law Enforcement
Agency shall implement a system of active and passive electronic monitoring that identifies
the location of a monitored person and that can produce upon request reports or records of
the person's presence near or within a crime scene or prohibited area, the person's departure
from specified geographic limitations, or curfew violations by the offender. The Director
of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement
and administer this system of active electronic monitoring including establishing policies
and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition
of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement
officer of a municipality or any law enforcement officer of the state, in lieu of placing
persons under custodial arrest, to issue a summons and complaint to any person charged with
violating any municipal littering ordinance; municipal ordinance which prohibits animals from
running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor
or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons
and complaint shall be on a form approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a description of the offense, including
the municipal ordinance number; the date and...
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12-17-226.17
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 program, a brief description of the reasons for the termination
shall be submitted for inclusion into the database. (b) Information in the database...
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