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12-17-226.15
Section 12-17-226.15 Advisory board. If a district attorney establishes a pretrial diversion
program under this division, the district attorney may form an advisory board within the county
or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial
Diversion, for the purpose of assisting the district attorney in the determination of appropriate
pretrial diversion candidates. The district attorney shall retain the final decision as to
the admittance or denial of individuals into the pretrial diversion program, the fees, the
guidelines of the program, and any resources the pretrial diversion program utilizes. The
district attorney shall appoint all members of any advisory board and shall determine when
or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic,
urban and rural, and economic diversity of the circuit. The advisory board shall serve without
personal profit, but may be paid from the District Attorney's...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.15.htm - 1K - Match Info - Similar pages
12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender
may be admitted into a pretrial diversion program established under this division, it shall
be appropriate for the district attorney to consider any of the following circumstances: (1)
If the offender is 18 years of age or older at the time the offense was committed. (2) There
is a probability justice will be served if the offender is placed in the pretrial diversion
program. (3) It is determined the needs of the community and of the offender can be met through
the pretrial diversion program. (4) The offender appears to pose no substantial threat to
the safety and well-being of the community or law enforcement. (5) The offender is not likely
to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial
diversion program. (8) Undue hardship upon the victim. (9) Whether the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages
12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance
into the pretrial diversion program shall be in the discretion of the district attorney. To
assist the district attorney in his or her decision to admit the offender into the pretrial
diversion program, the district attorney, prior to the offender being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, may require
an offender to furnish to the district attorney information concerning past criminal history,
educational history, work history, family history, medical or psychiatric treatment history,
psychological tests, or any other information concerning the offender which the district attorney
believes is applicable to determine whether the offender should be admitted into the pretrial
diversion program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.4.htm - 1K - Match Info - Similar pages
45-28-82.24
Section 45-28-82.24 Admission into program. (a) Admittance into the pretrial diversion
program shall be in the sole discretion of the district attorney. To assist the district attorney
in the decision to admit the offender into the pretrial diversion program, the district attorney,
prior to the offender being admitted into the pretrial diversion program or as a part of the
district attorney's evaluation process, may require an offender to furnish to the district
attorney information concerning past criminal history, education history, work history, family
history, medical or psychiatric treatment history, psychological tests, or any other information
concerning the offender which the district attorney believes is applicable to determine whether
the offender should be admitted into the pretrial diversion program. (b) The district attorney
may require the offender to submit to any test or evaluation process the district attorney
deems appropriate in evaluating the offender for admittance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.24.htm - 1K - Match Info - Similar pages
45-39-82.04
Section 45-39-82.04 Admission into program. (a) Admittance into the pretrial diversion
program shall be in the sole discretion of the district attorney. To assist the district attorney
in the decision to admit the offender into the pretrial diversion program, the district attorney,
prior to the offender being admitted into the pretrial diversion program or as a part of the
district attorney's evaluation process, may require an offender to furnish to the district
attorney information concerning past criminal history, education history, work history, family
history, medical or psychiatric treatment history, psychological tests, or any other information
concerning the offender which the district attorney believes is applicable to determine whether
the offender should be admitted into the pretrial diversion program. (b) The district attorney
may require the offender to submit to any test or evaluation process the district attorney
deems appropriate in evaluating the offender for admittance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.04.htm - 1K - Match Info - Similar pages
12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters
into a pretrial diversion program established under this division shall be brought before
a court of competent jurisdiction and 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) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior
to entering into any agreement or seeking entry into a pretrial diversion program created
pursuant to this division, an offender must be represented by counsel or waive his or her
right to have counsel before a judge of a court of competent jurisdiction. If the offender
is indigent, nothing in this division shall prevent the court from appointing counsel to represent
an offender. (c) An offender who enters a pretrial diversion program pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.5.htm - 1K - Match Info - Similar pages
12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when
he or she is approved for a pretrial diversion program established under this division. The
amount of the fee for participation in the program shall be in addition to any court costs,
assessments for crime victim's compensation fund, Department of Forensic Sciences assessments,
drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision
or treatment. A schedule of payments for any of these fees may be established by the district
attorney. (b) The amount of the administration fee shall be determined by the district attorney.
The administration fees shall not exceed the amount assessed for a first offense pursuant
to Section 13A-12-281(a) for each case for which the offender makes application for
acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access
into the pretrial diversion program based solely on his or her inability to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.8.htm - 5K - Match Info - Similar pages
12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution
Services shall develop and maintain a pretrial diversion offender database. Any existing or
newly created pretrial diversion program, regardless of whether it was established by this
division or created by local law, municipal ordinance, or other administrative action, or
is an existing district attorney or municipal pretrial diversion program, shall be subject
to this section. Upon entry into any pretrial diversion program, the district attorney
or municipal prosecutor shall submit information, including the name, date of birth, and identifying
personal vital information of a participating offender. The district attorney or municipal
prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief
description of any underlying qualifying offense, and a brief description of the agreed upon
disposition of the offense. If the offender was prematurely terminated from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
45-28-82.34
Section 45-28-82.34 Advisory board. The district attorney may form an advisory board
within the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion
to assist the district attorney in the determination of appropriate pretrial diversion candidates.
The district attorney shall retain the final decision as to the admittance or denial of individuals
into the pretrial diversion program. The district attorney shall appoint all members of any
advisory board and shall determine when or if it should meet. The advisory board shall serve
without personal profit, but may be paid from the District Attorney's Solicitors Fund for
actual expenses incurred in connection with its duties. (Act 2011-606, p. 1342, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.34.htm - 1K - Match Info - Similar pages
45-39-82.14
Section 45-39-82.14 Advisory board. The district attorney may form an advisory board
within the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion
to assist the district attorney in the determination of appropriate pretrial diversion candidates.
The district attorney shall retain the final decision as to the admittance or denial of individuals
into the pretrial diversion program. The district attorney shall appoint all members of any
advisory board and shall determine when or if it should meet. The advisory board shall serve
without personal profit, but may be paid from the District Attorney's Solicitor Fund for actual
expenses incurred in connection with its duties. (Act 2011-651, p. 1661, §15.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.14.htm - 1K - Match Info - Similar pages
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