45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge
to admit the offender into the pretrial diversion program, but prior to entry, 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, all of the following:
(1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to
the tolling, while in the program, of periods of limitations established by statutes or rules
of court. (3) An agreement to the conditions of the program established by the city attorney
(4) If there is a victim of the charged crime, an agreement to the restitution repayment within
a specified period of time and in an amount to be determined by the city attorney taking into
account circumstances of the offender and the victim. (5) A waiver in writing of the right
of the offender to a jury trial. (6) A truthful and complete statement by...
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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions
of a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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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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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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45-45-83.44
Section 45-45-83.44 Agreement required of offender in program. (a) An offender who enters
an intervention program shall: (1) Waive, in writing, and contingent upon his or her 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 statute or rules of
court. (3) Agree, in writing, to the conditions of the intervention program established by
the district attorney. (4) In the event 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 all circumstances of the offender and victim.
(b) Pretrial intervention records or records related to pretrial intervention admission shall
not be admissible in subsequent proceedings, criminal or civil, and communications between
pretrial intervention counselors and defendants shall be privileged unless a...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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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, §12.)...
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45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue prosecution of the offender for the crime or crimes charged. 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 shall 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 2006-89, p. 110, §12.)...
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45-12-82.11
Section 45-12-82.11 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. 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 part, 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 2006-595, p. 1625, §12.)...

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45-16-82.31
Section 45-16-82.31 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. 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 2005-145, p. 249, §12.)...

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