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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.40.htm - 2K - Match Info - Similar pages
45-1-82.10
Section 45-1-82.10 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund to pay costs associated with the administration of the pretrial diversion
program and to pay those things earlier herein provided for or for other law enforcement or
criminal prosecution purposes. Costs associated with program administration shall include,
but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business
attire, telephones, communication equipment, postage, office supplies and equipment, training
and travel expenses, service contracts, and professional services. At the discretion of the
district attorney, after considering an offender's reduced or inability to pay, the district
attorney may pay for services or programs for an offender out of pretrial diversion program
funds while the offender is in the pretrial diversion program, if special...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.10.htm - 1K - Match Info - Similar pages
45-12-82.10
Section 45-12-82.10 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund to pay costs associated with the administration of the pretrial diversion
program and to pay those things earlier herein provided for or for other law enforcement or
criminal prosecution purposes. Costs associated with program administration shall include,
but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business
attire, telephones, communication equipment, postage, office supplies and equipment, training
and travel expenses, service contracts, and professional services. At the discretion of the
district attorney, after considering an offender's reduced or inability to pay, the district
attorney may pay for services or programs for an offender out of pretrial diversion program
funds while the offender is in the pretrial diversion program, if special...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.10.htm - 1K - Match Info - Similar pages
45-16-82.30
Section 45-16-82.30 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. Except for the monies payable timely by the district attorney
to the circuit clerk, county commission's general fund, and law enforcement agency pursuant
to subsections (c), (d), and (e) of Section 45-16-82.27, fees paid by offenders pursuant to
Section 45-16-82.27 shall be placed into the Pretrial Diversion Program Fund. The district
attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated
with the administration of the pretrial diversion program and to pay those things earlier
herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated
with program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, telephones, communication equipment, postage, office
supplies and equipment, training and travel expenses, service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.30.htm - 1K - Match Info - Similar pages
45-3-82.50
Section 45-3-82.50 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund to pay costs associated with the administration of the pretrial diversion
program and to pay those things earlier herein provided for or for other law enforcement or
criminal prosecution purposes. Costs associated with the program administration shall include,
but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business
attire, telephones, communication equipment, postage, office supplies and equipment, training
and travel expenses, service contracts, and professional services. At the discretion of the
district attorney, after considering an offender's reduced or inability to pay, the district
attorney may pay for services or programs for an offender out of pretrial diversion program
funds while the offender is in the pretrial diversion program if special...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.50.htm - 1K - Match Info - Similar pages
45-7-82.30
Section 45-7-82.30 Pretrial diversion program fund. The district attorney shall establish a
pretrial diversion program fund. The district attorney shall use the funds to pay costs associated
with the administration of the pretrial diversion program, to pay those things earlier provided
for in this subpart, or for other law enforcement or criminal prosecution purposes. Costs
associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, telephones, communication equipment,
postage, office supplies and equipment, training and travel expenses, service contracts, and
professional services. At the discretion of the district attorney, the district attorney may
consider the reduced or inability of an offender to pay and may pay for services or programs
for an offender out of pretrial diversion program funds while the offender is in the pretrial
diversion program if special circumstances and justice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.30.htm - 1K - Match Info - Similar pages
45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any condition
of the pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender in the program and pursue
criminal charges against the offender. The offender shall be given written notice of the intent
of the district attorney to terminate him or her from the pretrial diversion program, including
the reason for the termination. Upon removal from the program, the offender will be deemed
to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart,
any fees paid for the admission into the pretrial diversion program. (b) The district attorney
may waive a violation for good cause shown why the offender should stay in the pretrial diversion
program. (Act 2009-460, p. 802, ยง12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.31.htm - 1K - Match Info - Similar pages
45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.49.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages
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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