15-22-24
Section 15-22-24 Board of Pardons and Paroles - Duties retirement of parole officers; representation
of applicant by state official; supervision and treatment; training requirements. (a) The
Board of Pardons and Paroles, hereinafter referred to as "the board," shall be charged
with the duty of determining, through use of a validated risk and needs assessment as defined
in Section 12-25-32, what prisoners serving sentences in the jails and prisons of the State
of Alabama may be released on parole and when and under what conditions. Such board shall
also be charged with the duty of supervising all prisoners released on parole from the jails
or prisons of the state and of lending its assistance to the courts in the supervision of
all prisoners placed on probation by courts exercising criminal jurisdiction and making such
investigations as may be necessary in connection therewith, of implementing the use of validated
risk and needs assessments as defined in Section 12-25-32 by probation...
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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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45-2-81.49
Section 45-2-81.49 Pre-Trial Intervention Fund. The district attorney shall establish a Pre-Trial
Intervention Fund. All fees paid by offenders as set out in this subpart to the district attorney
shall be placed into the Pre-Trial Intervention Fund. The district attorney shall use the
funds to pay costs associated with the administration of the Pre-Trial Intervention Program
or for other law enforcement purposes. Costs associated with program administration shall
include, but shall not be limited to, salaries, rent, vehicles, telephones, postage, office
supplies and equipment, training and travel services, service contracts, and professional
services. The district attorney may pay for services or programs for an offender while the
offender is in the Pre-Trial Intervention Program if special circumstances and justice dictate.
(Act 97-692, p. 1045, §10.)...
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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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45-2-81.50
Section 45-2-81.50 Violations; waiver. (a) If the offender violates the conditions of the Pre-Trial
Intervention 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 Pre-Trial Intervention Program. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the Pre-Trial Intervention Program. (Act 97-692, p. 1045, §11.)...
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45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program
shall: (1) Waive, in writing, and contingent upon the 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 Pre-Trial Intervention Program established by the district attorney.
(4) Provide a statement as to the involvement in the crime charged which shall be admissible
in any criminal trial. (5) If 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) Pre-Trial Intervention
Program records or records related to Pre-Trial Intervention Program admission, except for
the statement of the applicant concerning his or her...
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45-2-81.47
Section 45-2-81.47 Substance abuse treatment program; drug testing. The district attorney and
the offender may enter into an agreement as a part of the Pre-Trial Intervention Program of
an offender that the offender be admitted to a drug or alcohol program on an in-patient or
out-patient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the Pre-Trial Intervention Program of the offender and other terms and conditions related
to substance abuse as the district attorney may direct. The offender shall pay the costs of
all services unless otherwise agreed. (Act 97-692, p. 1045, §8.)...
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45-2-81.46
Section 45-2-81.46 Costs and fees. An applicant for the Pre-Trial Intervention Program on each
charge shall pay a nonrefundable application fee of an amount not exceeding the cost of court
charged offense at the time the offense is charged. The assessment shall be in addition to
any court costs and assessments for victims or drug or alcohol treatment required by law,
and are in addition to costs of supervision, treatment, and restitution for which the person
may be responsible. In addition to the application fee, the offender shall pay an administration
and supervision fee not to exceed twenty-five dollars ($25) per week during the time that
the offender is in the Pre-Trial Intervention Program. Fees may be waived by the district
attorney or a schedule of payments for any of the abovementioned fees may be established by
the district attorney. The fees set out in this section are maximum and may in the discretion
of the district attorney be reduced because of circumstances relating to a...
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45-2-81.45
Section 45-2-81.45 Time for application. (a) An offender shall make application to the Pre-Trial
Intervention Program no later than 45 days after service of the warrant or within 21 days
following appointment of counsel for the charge for which the offender applies or at his or
her first court appearance. (b) In the discretion of the district attorney, the time provision
of this section may be waived. (Act 97-692, p. 1045, §6.)...
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45-2-81.42
Section 45-2-81.42 Appropriateness of intervention. (a) Intervention shall be appropriate if:
(1) There is a likelihood justice will be served if the offender is placed in an intervention
program. (2) It is determined the needs of the state and of the offender can be met through
the Pre-Trial Intervention Program. (3) The offender poses no substantial threat to the safety
and well-being of the community. (4) It appears the offender is not likely to be involved
in further criminal activity. (5) The offender will likely respond to rehabilitative treatment.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice
or special circumstances dictate. (Act 97-692, p. 1045, §3.)...
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