45-1-82.01
Section 45-1-82.01 Establishment of pretrial diversion program; discretionary powers; supervision
and control. (a) The district attorney 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 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 subpart and these persons shall serve at the pleasure of the district
attorney. (Act 2006-89, p. 110, §2.)...
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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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45-12-82.01
Section 45-12-82.01 Establishment of pretrial diversion program; discretionary powers; supervision
and control. (a) The District Attorney of the 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 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 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 2006-595, p. 1625,
§2.)...
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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...
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45-28-82.29
Section 45-28-82.29 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.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
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45-7-82.21
Section 45-7-82.21 Established; discretionary powers; supervision and control. (a) The district
attorney 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. (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
2009-460, p. 802, §2.)...
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45-28-82.21
Section 45-28-82.21 Established; discretionary powers; supervision and control. (a) The district
attorney may establish a pretrial diversion program within the Sixteenth Judicial Circuit
in Etowah 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 subpart and may employ
persons necessary to accomplish this subpart, who shall serve at the pleasure of the district
attorney. (Act 2011-606, p. 1342, §2.)...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (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, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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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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