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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision
of the district attorney to admit the offender into the pretrial diversion program, but prior
to entry, the district attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, the following: (1) A voluntary waiver of the offender's right to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statute or rules of court. (3) An agreement to the conditions of the program
established by the district attorney. (4) If there is a victim of the charged crime, an agreement
to a restitution repayment within a specified period of time and in an amount to be determined
by the district attorney taking into account circumstances of the offender and the victim.
(5) A waiver in writing of the offender's right to a jury...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.46.htm - 5K - Match Info - Similar pages
12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.35.htm - 871 bytes - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.15.htm - 870 bytes - Match Info - Similar pages
12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement 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. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.6.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.27.htm - 5K - Match Info - Similar pages
45-17-81.17
Section 45-17-81.17 Costs and fees. (a) An applicant shall pay a nonrefundable application
fee of one hundred fifty dollars ($150). 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, and are in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Pretrial diversion program
fees as established by this subpart may be waived or reduced for just cause at the discretion
of the district attorney. A schedule of payments for any of these fees may be established
by the district attorney. (b) The following nonrefundable fees shall be applied to applicants
accepted into the pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty
dollars ($750), plus a supervision fee of up to fifty dollars ($50) per month. If the offense
is a drug-related offense, then the following nonrefundable fees...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.17.htm - 3K - 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
45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.47.htm - 4K - 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
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