Code of Alabama

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45-37A-270.30
Section 45-37A-270.30 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-429, p. 1707, §11.)...

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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) 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 not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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45-39-82.08
Section 45-39-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of the pretrial diversion program, that the offender
be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other
treatment alternatives for substance abuse. The district attorney may require the offender
to submit to periodic or random drug testing or other terms and conditions related to substance
abuse. The offender shall pay the costs of all services unless otherwise approved by the district
attorney. (Act 2011-651, p. 1661, §9.)...
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45-4-83.10
Section 45-4-83.10 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. Except for the twenty-five dollars ($25) payable to the circuit
clerk pursuant to subsection (c) of Section 45-4-83.07, fees paid by offenders pursuant to
Section 45-4-83.07 shall be placed into the Pretrial Diversion Program Fund. The district
attorney shall use the funds in the Pretrial Diversion Program fund to pay costs associated
with the administration of the pretrial diversion program or for other law enforcement purposes.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, 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 pretrial diversion program if special circumstances and...
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45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider an offender
for the pretrial diversion program based on any of the following circumstances: (1) There
is a probability justice will be served if the offender is placed in the program. (2) It is
determined the needs of the state and of the offender can be met through the program. (3)
The offender appears to pose 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 or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, § 5.)...
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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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45-45-83.50
Section 45-45-83.50 Violations. (a) In the event the offender violates the conditions of the
PTIP 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 PTIP. (b) The district attorney, in his or her discretion,
may waive a violation for good cause shown why the offender should stay in the PTIP. (Act
94-392, p. 645, § 11.)...
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45-45A-31.29
Section 45-45A-31.29 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city judge may do any of
the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city judge may waive a violation for good
cause shown why the offender should stay in the program. (Act 2013-356, p. 1277, § 10.)...

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45-9-82.30
Section 45-9-82.30 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. Fees paid by offenders pursuant to Section 45-9-82.27 shall
be placed into the Pretrial Diversion Program Fund. The district attorney shall use the funds
in the Pretrial Diversion Program Fund to pay costs associated with the administration of
the pretrial diversion program or for other law enforcement purposes. Costs associated with
program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, 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 pretrial diversion
program if special circumstances and justice dictate. (Act 2005-148, p. 258, §11.)...
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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or her staff shall have
no liability, criminal or civil, for the conduct of any offender while participating in a
pretrial diversion program established under this division or of any service provider or its
agents that are contracted to or who have agreed to provide services to the pretrial diversion
program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney,
or his or her staff or its officers or employees, shall have no liability, criminal or civil,
for any injury or harm to the offender while the offender is a participant in any pretrial
diversion program administered pursuant to this division. The district attorney may require
written agreed upon waivers of liability as a prerequisite for admittance into the pretrial
diversion program. (c) Absent an agreement which includes the consent...
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