Code of Alabama

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45-45A-31.25
defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this
subpart. (15) To observe curfews or home detention or travel constraints as set out in agreement
signed by the offender. (16) To have restitution, court costs, fees, child support, and any
other moneys withheld or garnished from the wages or salary of the offender or withheld from
any Alabama income tax due the offender, or from any available insurance policy, or forfeited
from any other real or personal property of the offender, and applied to the above.
(17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis
or receive other treatment alternatives for substance abuse. (18) To submit to periodic or
random drug testing as part of the program and other terms and conditions related to substance
abuse as the city attorney may direct. (19) To waive in writing the right of the offender
to a probation hearing in the event of termination or withdrawal from...
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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
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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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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