45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, the following: (1) A voluntary waiver of the offender's right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) An agreement to the conditions of the program established by the district attorney. (4) If there is a victim of the charged crime, an agreement to a restitution repayment within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and the victim. (5) A waiver in writing of the offender's right to a jury...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.46.htm - 5K - Match Info - Similar pages
45-9-82.24
Section 45-9-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion program or as a part or the district attorney's evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological test taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart. (Act 2005-148, p. 258, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.24.htm - 1K - Match Info - Similar pages
45-9-82.29
Section 45-9-82.29 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 sentence the offender will receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receives a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit prior to admission of the offender in the pretrial diversion program. The district attorney may recommend that the court withhold adjudication of guilt or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.29.htm - 3K - Match Info - Similar pages
45-7-82.24
Section 45-7-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion program or as a part of the evaluation process of the district attorney, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether the offender should be admitted into the pretrial diversion program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview deemed appropriate by the district attorney in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart. (Act 2009-460, p. 802,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.24.htm - 1K - Match Info - Similar pages
45-1-82.05
Section 45-1-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the victim within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute in writing a permission to search and seize illegal contraband or substances. (b) The district attorney's pretrial diversion program records, along with the records...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.05.htm - 1K - Match Info - Similar pages
45-12-82.05
Section 45-12-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the victim within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute in writing a permission to search and seize illegal contraband or substances. (b) The district attorney's pretrial diversion program records, along with the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.05.htm - 1K - Match Info - Similar pages
45-16-82.25
Section 45-16-82.25 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the victim within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (b) The district attorney's pretrial diversion program records, along with the records relating to pretrial diversion programs admission, are confidential records and shall not be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.25.htm - 1K - Match Info - Similar pages
45-16-82.28
Section 45-16-82.28 Treatment programs; drug testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an in-patient or out-patient basis or receive other treatment alternatives deemed by the district attorney to be in the best interest of the offender and society. The district attorney may require the offender to submit to periodic or random drug or other testing as a part of the pretrial diversion program and require other terms and conditions related to substance abuse, domestic violence, or the offense charged as the district attorney may direct. The offender shall pay the costs of all services unless otherwise approved by the district attorney after considering the offender's ability to pay. (Act 2005-145, p. 249, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.28.htm - 1K - Match Info - Similar pages
45-23-82.03
Section 45-23-82.03 Standards for admission. 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 that the needs of the state and the offender can be met through the pretrial diversion program. (4) The offender appears to pose no substantial 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. (Act 2005-130, p. 215, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.03.htm - 1K - Match Info - Similar pages
45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) The offender shall be eligible for and shall sign to have any bond on his or her case where diversion is sought based on personal recognizance, cash, or a property bond and not a security bond. (2) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (4) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (5) 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 attorney taking into account circumstances of the offender and victim. (6) A statement by the...
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