45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling of periods of limitations established by statutes or rules of court while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement written by the offender, 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, which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (6) 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.05.htm - 2K - Match Info - Similar pages
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
45-42-82.49
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
12-17-226.14
Section 12-17-226.14 Funding of program. A pretrial diversion program established under this division may apply for grants, may accept donations from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program. Absent an express agreement between the county commission, sheriff, and district attorney, no county commission or any of its departments or agencies shall be required to participate in, or provide funding for, any pretrial diversion program established under this division. (Act 2013-361, p. 1290, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.14.htm - 966 bytes - Match Info - Similar pages
45-17-81.15
Section 45-17-81.15 Program requirements. (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) Agree, in writing, to the tolling, while in the program, 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 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. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.15.htm - 1K - Match Info - Similar pages
45-17-81.21
Section 45-17-81.21 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district attorney may waive a violation for good cause shown as to why the offender should stay in the pretrial diversion program. (Act 2007-332, p. 588, §12.)...
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45-18-81.25
Section 45-18-81.25 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) Agree, in writing, to the tolling, while in the program, 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 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. (b) Pretrial diversion program records or records related to pretrial diversion program admission shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-18-81.25.htm - 1K - Match Info - Similar pages
45-18-81.31
Section 45-18-81.31 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district attorney may waive a violation for good cause shown as to why the offender should stay in the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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45-23-82.11
Section 45-23-82.11 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2005-130, p. 215, §12.)...
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45-27-82.20
Section 45-27-82.20 Established; discretionary powers; supervision and control. (a) The District Attorney of the Twenty-first Judicial Circuit of Alabama 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 of the Twenty-first Judicial Circuit. (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 95-388, p. 791, §1.)...
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