45-2-81.40
Section 45-2-81.40 Pre-Trial Intervention Program. (a) The District Attorney of the Twenty-eighth
Judicial Circuit of Alabama may establish a Pre-Trial Intervention Program. (b) The district
attorney shall retain all discretionary powers endowed by the common law and provided for
by statutes and acts of this state or powers or discretion otherwise provided by law for the
District Attorney of the Twenty-eighth Judicial Circuit. (c) The Pre-Trial Intervention Program
shall be under the direct supervision and control of the district attorney and the district
attorney may contract with any agency, person, or corporation for services related to this
subpart or for any law enforcement purposes. The district attorney may employ necessary persons
to accomplish this subpart and these persons shall serve at the pleasure of the district attorney.
(Act 97-692, p. 1045, §1.)...
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45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a Pre-Trial Intervention Program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the following:
(1) The terms of the Pre-Trial Intervention Program. (2) The length of the program. (3) The
period of time after which the district attorney will dispose of the charges against the offender
in a noncriminal manner or what charges the defendant will plead guilty to. (4) The sentence
the offender will receive. If as part of the Pre-Trial Intervention Program, the offender
agrees to plead guilty to a particular offense and receive a specific sentence, this agreement
concerning the offense and sentence shall be approved by an appropriate circuit or district
judge of the Twenty-eighth Judicial Circuit prior to admission of the offender in the Pre-Trial
Intervention Program. (b) As a condition of being admitted to...
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45-2-81.41
Section 45-2-81.41 Eligibility. (a) A person charged with a criminal offense specified in this
subsection whose jurisdiction is in the circuit or district court of the Twenty-eighth Judicial
Circuit of Alabama may apply to the District Attorney of the Twenty-eighth Judicial Circuit
for admittance to the Pre-Trial Intervention Program. The district attorney may allow a person
charged with a drug offense to apply for admittance to the Pre-Trial Intervention Program.
No person charged with a Class A felony or a crime that involved serious injury to a person
or death shall be eligible for pre-trial intervention. (b) Any person deemed by the district
attorney to be a threat to the safety or well-being of the community shall not be eligible
for the Pre-Trial Intervention Program. This section shall not apply if the district attorney
determines the elements of the offense do not fit the charges filed. (Act 97-692, p. 1045,
§2.)...
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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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45-45-83.40
Section 45-45-83.40 Establishment. (a) The District Attorney of the Twenty-third Judicial Circuit
of Alabama, in his or her discretion, may establish a Pretrial Intervention Program (PTIP).
(b) The District Attorney of the Twenty-third Judicial Circuit shall retain all discretionary
powers endowed by the common law and provided for by statutes and acts of this state or powers
or discretion otherwise provided by law for the District Attorney of the Twenty-third Judicial
Circuit. (c) The PTIP shall be under the direct supervision and control of the District Attorney
of the Twenty-third Judicial Circuit and he or she may contract with any agency, person, or
corporations or individual for services related to this subpart or for any law enforcement
purpose. The district attorney, in his or her discretion, may employ necessary persons to
accomplish this subpart or other law enforcement purposes, who shall serve at the pleasure
of the district attorney. (Act 94-392, p. 645, § 1.)...
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45-45-80
Section 45-45-80 Administrative fees. (a) The Madison County Work Release and Pre-Trial Release
Commission may establish administrative fees to fund alternative sentencing programs, educational
programs, intervention programs, treatment programs, and other programs to serve the courts
of the Twenty-third Judicial Circuit, and may collect the fees from any person ordered by
the courts to complete an alternative sentencing program, or other program administered by
the commission. (b) The commission shall have sole authority to establish administrative fees
to fund the programs that serve the courts of the Twenty-third Judicial Circuit. (c) Any person
who, upon court order, enrolls in any educational program, intervention program, or treatment
program, administered by the commission shall at the time of enrollment be notified of any
fees associated with the program, and shall be notified of the location and cost of any equivalent
program offered in their home county. Any program that...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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45-45-83.46
Section 45-45-83.46 Fees. (a) An applicant may be assessed a fee when the applicant is approved
for the program. The amount of the assessment for participation in the program shall be in
addition to any court costs, assessments for victims, or drug, alcohol, or anger management
treatment required by law, the district attorney, or the court and shall be in addition to
costs of supervision, treatment, and restitution for which the pretrial admittee may be responsible.
Pretrial intervention program fees, as established by this section, may be waived or reduced
due to indigency or reduced ability to pay or for just cause at the discretion of the district
attorney. The determination of indigency of the offender, for the purpose of pretrial intervention
admission or fee waiver or reduction shall be made by the district attorney. A schedule of
payments for any of these fees may be established by the district attorney. (b) The following
fees, as set by the district attorney, shall be paid by...
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45-2-84.08
Section 45-2-84.08 Rules and regulations; revocation hearings. (a) The Baldwin County Pretrial
Release and Community Corrections Board may promulgate rules and regulations for establishing
pretrial release programs, alternative sentencing programs, educational programs, intervention
programs, treatment programs, supervision programs, and other programs to serve the courts
of the Twenty-eighth Judicial Circuit. (b) A person who has been released or sentenced pursuant
to this part and who has violated a condition of release or sentencing shall be subject to
revocation of release or subject to revocation of any other sentence imposed upon motion of
the court, the district attorney, or the supervising officer of the defendant in the program
in which he or she has been placed. A revocation hearing shall be conducted by the court as
provided by the Alabama Rules of Criminal Procedure for bond revocation in cases of violation
of terms of pretrial release and probation revocation in cases...
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