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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.40.htm - 2K - Match Info - Similar pages
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, ยง 2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.41.htm - 1K - Match Info - Similar pages
45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following circumstances: (1) The offender is 18 years of age or older at the time the alleged offense was committed; 16 years of age or older if the offense is a traffic violation. (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 state and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no threat to the safety and wellbeing of the community. (5) It appears the offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated in any similar program in any court in the state. (8) The offender has no prior felony convictions. (9) The offender does not hold a commercial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.23.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.27.htm - 4K - Match Info - Similar pages
45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense was committed. (2) There is a probability justice will be served if the offender is placed in the diversion program. (3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no threat to the safety and well-being of the community. (5) It appears the offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated in any similar program in any court in any state. (8) The offender has no prior misdemeanor or felony convictions. (b) The district attorney may waive any of...
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45-1-82.07
Section 45-1-82.07 Cost and fees. (a) An applicant may be assessed a fee to be established by the district attorney 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, 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. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or fee 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) Except as...
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45-12-82.07
Section 45-12-82.07 Costs and fees. (a) An applicant may be assessed a fee to be established by the district attorney 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, 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. Pretrial diversion program fees as established by this part may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, 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) Except as herein...
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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program shall be assessed a nonrefundable application fee on each charge of not more than five hundred dollars ($500) when the applicant is approved for the program. The amount of the assessment for participation in the program shall be set from time to time by the district attorney. (b) The assessments provided for under this section shall be in addition to any court costs and assessments for victims or drug or alcohol treatment required by law, and are in addition to any other costs of supervision, treatment, and restitution for which the person may be responsible. Fees may be waived by the district attorney because of circumstances relating to a specific offender and the financial status of the offender. The fees set out in this section are maximum and may in the discretion of the district attorney be reduced because of circumstances relating to a specific offender and the financial status of the...
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45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established by the district attorney 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, 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. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, 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...
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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to opt into this division. (a) A district attorney, to the extent practicable, may enter into an agreement with a community correction entity, to utilize the services of existing community corrections programs established pursuant to Section 15-18-170, or faith based community programs, which are certified by the Alabama Department of Mental Health, to provide for the supervision of defendants participating in a pretrial diversion program established under this division. The district attorney may enter into an agreement with a drug court entity to utilize the services of existing certified drug court programs established pursuant to Section 12-23A-4, provided that the district attorney determines it would serve the best interest of justice and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11, if, upon enactment of this legislation, a pretrial diversion...
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