45-27-82.21
Section 45-27-82.21 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first
Judicial Circuit for admittance to the pretrial diversion program. A person charged with any
of the following may apply for the program: (1) Drug offenses as provided in Section 12-23-5.
(2) Property offenses. (3) Offenses wherein the victim did not receive serious physical injury.
(4) Offenses in which the victim was not a child under 14 years of age, a law enforcement
officer, a school official, or a correctional officer. (5) All misdemeanors other than traffic
or conservation offenses. (b) No persons charged with a Class A felony or a crime that involved
serious injury to a person or death shall be eligible for pretrial diversion. (c) Any person
deemed by the district attorney to be a threat to the safety or...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
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, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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45-23-82.07
Section 45-23-82.07 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 of 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. An applicant may not be denied access
into the pretrial diversion program based solely on his or her inability to pay. Pretrial
diversion program fees as established by this part may be waived or reduced for just cause,
including indigency of the applicant, at the discretion of the district attorney. Any determination
of indigency of the offender for the purposes of pretrial diversion 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...
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45-34-82.07
Section 45-34-82.07 Costs and fees. (a) An applicant shall 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 part 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 eight hundred fifty dollars ($850).
(2) Misdemeanor offenses, excluding traffic: up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300). (4) Violations: up to two...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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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...
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45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney
may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the
assessment for participation in the program shall be in addition to any program supervision
fees, court costs, and assessments for drug, alcohol, or anger treatments 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. It may be mandatory
for the offender to pay all court costs for the offense charged. Pretrial diversion program
fees as established by this subpart may be waived or reduced due to indigence, reduced ability
to pay, or for other just cause at the discretion of the district attorney. The determination
of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of...
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