45-1-82.06
Section 45-1-82.06 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provision of subsection (a)
may be waived by the district attorney. (Act 2006-89, p. 110, §7.)...
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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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45-12-82.02
Section 45-12-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
First Judicial Circuit may apply to the District Attorney of the First Judicial Circuit for
admittance to the pretrial diversion program. (b) A person charged with any of the following
offenses may apply for admission into the program: (1) A traffic offense. (2) A property offense.
(3) An offense wherein the victim did not receive serious physical injury. (4) An offense
in which the victim was not a child under 14 years of age, a law enforcement officer, a school
official, or a correctional officer. (5) A misdemeanor other than one specifically excluded
in this section. (6) A violation classified under this code. (c) The following offenses are
ineligible for consideration for the pretrial diversion program: (1) Trafficking in or distribution
of drugs. (2) Any offense involving the abuse of a child or an...
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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...
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45-12-82.06
Section 45-12-82.06 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, subsection (a) may be waived by
the district attorney. (Act 2006-595, p. 1625, §7.)...
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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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45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth
Judicial Circuit may apply to the District Attorney of the Twelfth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for admission into the program: (1) A traffic offense, other than driving under
the influence (DUI), or a traffic offense charged to a commercial driver license holder, whether
or not the holder was operating a commercial motor vehicle at the time of the offense. (2)
A property offense. (3) An offense wherein the victim did not receive serious physical injury.
(4) An offense in which the victim was not a child under 14 years of age, a law enforcement
officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (6) A violation classified...
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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...
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45-16-82.26
Section 45-16-82.26 Time for application. (a) Except for traffic offenses, an offender shall
make application to the pretrial diversion program no later than 21 days after his or her
first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provisions of subsection (a)
may be waived by the district attorney. (Act 2005-145, p. 249, §7.)...
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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.31.htm - 1K - Match Info - Similar pages