45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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45-41-81
Section 45-41-81 Salary supplement - District attorney. The county governing body of the county
comprising the Thirty-seventh Judicial Circuit is hereby authorized, and empowered to pay,
in the discretion of the county governing body, an annual county salary supplement of an amount
equal to one thousand dollars ($1,000) less than the annual county salary supplement paid
to the circuit judges of the Thirty-seventh Judicial Circuit. The supplement hereby authorized
shall be paid in equal monthly installments out of the general fund in the county treasury,
shall be in addition to the salary paid the district attorney by the State of Alabama, and
shall be in addition to any other county expense allowance or supplement heretofore provided
by law which is payable from the county. (Act 88-841, 1st Sp. Sess., p. 315, §1.)...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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45-13-82.01
Section 45-13-82.01 Assessment of docket fee in certain civil cases; Fair Trial Tax Fund. (a)
In all civil cases in the circuit and district courts in Clarke County, a docket fee, hereinafter
referred to as a solicitor's fee, shall be assessed in each case. The solicitor's fee in civil
cases shall be in the same amount as the docket fee or court cost which is assessed in civil
cases in the circuit and district courts and distributed to the Fair Trial Tax Fund. The fees,
when collected, shall be distributed monthly as follows: Three dollars ($3) from each case
to the office of circuit clerk to be deposited into the Circuit Clerk's Fund and to be used
as provided by law for the operation of the office of the circuit clerk and the remainder
of each fee to the solicitor's fund or district attorney's fund in the county or to the fund
in the county that may be hereafter prescribed by law for the solicitor's fee. (b) The solicitor's
fee may be expended by the district attorney for the...
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45-49-83.41
Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement.
The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery
Unit of the Special Services Division. The district attorney, after electing to establish
the unit, shall assign sufficient staff and resources to effectively operate the unit. The
recovery unit shall be created for the purpose of the administration, collection, and enforcement
of court costs, fines, fines for failure to appear in court, victim compensation assessments,
bail bond forfeitures, restitution, or other payments which are ordered in any criminal proceeding,
quasi-criminal, or any other court proceeding by any court including, but not limited to,
municipal courts, district courts, and circuit courts payable to the state, the county, to
any municipality, or town within the Thirteenth Judicial Circuit, to any crime victim on any
court order or judgment entered which has not been otherwise...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
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12-17-198
Section 12-17-198 Appointment, number and compensation of assistant district attorneys. (a)
The district attorney may appoint full-time or part-time assistant district attorneys to perform
prosecutorial duties in the district or circuit courts within the circuit for which the district
attorney shall have administrative responsibility. The number and compensation of such assistant
district attorneys shall be as otherwise authorized or provided by law. (b) All general laws
applicable within certain judicial circuits, general laws of local application and local laws
providing for deputy or assistant district attorneys or circuit solicitors and the manner
of election or appointment, compensation, duties, etc., of such officers, which said laws
were in effect on the effective date of this code, shall continue in effect until amended
or repealed by statute; provided, that all such officers shall be known as "assistant
district attorneys." (Acts 1975, No. 1205, p. 2384, §4-131.)...
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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...
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12-19-175
Section 12-19-175 Distribution of docket fees - Misdemeanor cases in circuit court. (a) The
following distribution shall be made of docket fees for misdemeanors in circuit court: (1)
Sixteen dollars ($16) to the Fair Trial Tax Fund. (2) Sixty-four dollars ($64) to the State
General Fund. (3) Ten dollars ($10) to the county general fund. (4) Ten dollars ($10) to the
District Attorney Fund or to the fund prescribed by law for district attorney fees. (5) Seven
dollars ($7) to the Peace Officers' Annuity Fund. (6) Five dollars ($5) to the Peace Officers'
Standards and Training Fund, except that the five dollars ($5) provided herein for the Peace
Officers' Standards and Training Fund shall not be assessed and collected in traffic or conservation
cases. (7) Five dollars ($5) to the Advanced Technology and Data Exchange Fund. (b) The additional
five dollars ($5) assessed and collected in misdemeanor cases in circuit court, effective
October 1, 2000, shall be distributed to the Fair Trial Tax...
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