45-9-82.27
Section 45-9-82.27 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, 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 fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses, up to one thousand dollars ($1,000). (2)
Misdemeanor offenses, excluding traffic, up to five hundred dollars ($500). (3) Traffic offenses,
up to three hundred dollars ($300). (c) The district attorney may use...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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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...
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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...
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45-7-82.29
Section 45-7-82.29 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 recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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45-2-84.03
Section 45-2-84.03 Release of eligible persons; participation in programs. (a) Any eligible
person, who is within the jurisdiction of the Circuit or District Courts of the Twenty-eighth
Judicial Circuit, may be released at the discretion of a judicial officer from the Baldwin
County Jail pursuant to the terms of the pretrial release program developed pursuant to this
part or upon conviction sentenced to the custody of the Baldwin County Community Corrections
Center or placed in programs developed pursuant to this part. (b) An eligible person may be
considered for participation in the programs developed pursuant to the provisions of this
part upon an order of the court having jurisdiction of the eligible person, upon the motion
of the eligible person, and upon motion of the district attorney. An eligible person may not
be ordered by a judicial officer to be placed in the programs developed pursuant to this part
unless the eligible person meets the criteria promulgated by the Baldwin...
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45-37A-160.01
Section 45-37A-160.01 Definitions. For the purposes of this article, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the City of Fultondale as a condition precedent to participation in a pretrial diversion program.
(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State
of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the
City of Fultondale duly appointed by the city council in accordance with Section 12-14-30,
or a special judge appointed by the Mayor of the City of Fultondale in accordance with Section
12-14-34. (6) OFFENDER. Any person charged with a criminal...
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45-37A-240.21
Section 45-37A-240.21 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 Hoover as a condition precedent to participation in a pretrial diversion program.
(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Hoover Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State
of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the
City of Hoover duly appointed by the city council in accordance with Section 12-14-30, or
a special judge appointed by the Mayor of the City of Hoover in accordance with Section 12-14-34.
(6) OFFENDER. Any person charged with a criminal offense, including, but...
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45-37A-270.21
Section 45-37A-270.21 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 Irondale as a condition precedent to participation in a pretrial diversion program.
(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Irondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the State
of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the
City of Irondale duly appointed by the city council in accordance with Section 12-14-30, or
a special judge appointed by the Mayor of the City of Irondale in accordance with Section
12-14-34. (6) OFFENDER. Any person charged with a criminal offense,...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
municipality as a condition precedent to participating in a pretrial diversion program. (2)
CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city
attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER.
As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY.
A municipality in Geneva County that has a municipal court, city attorney, and police department.
(6) 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 corporate limits or police jurisdiction of the municipality. (7) PRETRIAL
DIVERSION PROGRAM or PROGRAM. A program that allows the...
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