12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (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) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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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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45-18-81.20
Section 45-18-81.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Thirty-fifth Judicial Circuit 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 Thirty-fifth 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
division. The district attorney may employ necessary persons to accomplish this division and
these persons shall serve at the pleasure of the district attorney. (Act 2004-478, p. 884,
§1.)...
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45-27-82.20
Section 45-27-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twenty-first Judicial Circuit of Alabama may establish a pretrial diversion
program. (b) The district attorney shall retain 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 Twenty-first Judicial Circuit. (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 subpart. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
95-388, p. 791, §1.)...
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45-3-82.49
Section 45-3-82.49 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to the approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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45-42-82.41
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control.
(a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a
pretrial diversion program. (b) All discretionary powers endowed by the common law and provided
by statutes and acts of this state or powers or discretion otherwise provided by law for the
District Attorney of the Thirty-ninth 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, including,
but not limited to, the Limestone County Community Correction Program and the Drug Court for
Limestone County, for services related to this subpart. The district attorney may employ necessary
persons to accomplish this subpart and such persons shall serve at the pleasure of the district
attorney. (Act 2012-360, p. 892, § 2.)...
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45-16-82.20
Section 45-16-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twelfth 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 Twelfth 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 subpart.
The district attorney may employ necessary persons to accomplish this subpart and these persons
shall serve at the pleasure of the district attorney. (Act 2005-145, p. 249, §1.)...
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45-17-81.10
Section 45-17-81.10 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Thirty-first 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 Thirty-first 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 subpart. The district attorney may employ necessary persons to accomplish this subpart
and these persons shall serve at the pleasure of the district attorney as stated in subsection
(a) of Section 12-17-220. (Act 2007-332, p. 588, §1.)...
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45-17-81.19
Section 45-17-81.19 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-first Judicial
Circuit prior to admission of the offender into the pretrial diversion program. (b) As a condition
of being admitted into the pretrial diversion program, the...
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45-18-81.29
Section 45-18-81.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-fifth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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