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45-45A-31.20
Section 45-45A-31.20 Definitions. For the purposes of this subpart, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the City of Huntsville as a condition precedent to participation in a pretrial diversion program.
(2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City of Huntsville
or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City Council of the
City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position by the City
Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision (1) of Section
41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether
employed in this state or elsewhere. (8) OFFENDER. Any person charged with a criminal offense
including, but not limited to, any misdemeanor, violation, or traffic offense, as defined
by existing law, which was allegedly committed in the...
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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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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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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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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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13A-6-181
Section 13A-6-181 Fines; counseling or educational training programs; pretrial diversion program.
(a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees, upon conviction
for the offense of promoting prostitution under Division 1 of Article 3 of Chapter 12, or
a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory fine of five hundred
dollars ($500) shall be assessed. The court shall order the five hundred dollar ($500) fine
to be paid to the clerk of court to be distributed to a court-certified therapeutic counseling
entity that provides education, treatment, and prevention counseling to adult persons convicted
of prostitution offenses. (2) Any fine imposed by the court for a second or subsequent conviction
under subdivision (1) shall increase by 50 percent for each subsequent conviction through
a fourth conviction. (b) A court may order an adult person convicted of an offense under Division
1 of Article 3 of Chapter 12 or subsection (b) or...
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45-34-82
Section 45-34-82 Establishment of pretrial diversion program. (a) The District Attorney of
the Twentieth Judicial Circuit of Alabama may establish a pretrial diversion program. (b)
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 District Attorney of
the Twentieth Judicial Circuit shall be retained. (c) The pretrial diversion program shall
be under the direct supervision and control of the district attorney and the district attorney
may contract with any agency, person, or corporation for services related to this part. The
district attorney may employ necessary persons to accomplish this part and these persons shall
serve at the pleasure of the district attorney. (Act 2003-225, p. 566, §1.)...
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45-39-82.01
Section 45-39-82.01 Pretrial diversion program established; discretionary powers; supervision
and control. (a) The district attorney may establish a pretrial diversion program within the
Eleventh Judicial Circuit in Lauderdale County. (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) The pretrial diversion program
shall be under the direct supervision and sole control of the district attorney. (d) The district
attorney may contract with any agency, person, or corporation for services related to this
part and may employ persons necessary to accomplish this part, who shall serve at the pleasure
of the district attorney. (Act 2011-651, p. 1661, §2.)...
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45-4-83
Section 45-4-83 Establishment of pretrial diversion program; discretionary powers; supervision
and control. (a) The District Attorney of the Fourth Judicial Circuit of Alabama may establish
a pretrial diversion program. (b) 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 District Attorney of the Fourth Judicial Circuit shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the district attorney and the
district attorney may contract with any agency, person, or corporation for services related
to this part. The district attorney may employ necessary persons to accomplish this part and
these persons shall serve at the pleasure of the district attorney. (Act 2006-418, p. 1036,
§1.)...
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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...
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