12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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45-37A-160.06
Section 45-37A-160.06 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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45-37A-240.26
Section 45-37A-240.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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45-37A-270.26
Section 45-37A-270.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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45-35A-56.06
Section 45-35A-56.06 Written agreement; other terms and conditions. (a) Following the
decision of the city attorney to admit the offender into the pretrial diversion program, but
prior to entry, the city attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender
to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city attorney. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
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45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge
to admit the offender into the pretrial diversion program, but prior to entry, the offender
shall enter into a written agreement stating the conditions of the participation of the offender
in the program. The agreement shall include, but not be limited to, all of the following:
(1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to
the tolling, while in the program, of periods of limitations established by statutes or rules
of court. (3) An agreement to the conditions of the program established by the city attorney
(4) If there is a victim of the charged crime, an agreement to the restitution repayment within
a specified period of time and in an amount to be determined by the city attorney taking into
account circumstances of the offender and the victim. (5) A waiver in writing of the right
of the offender to a jury trial. (6) A truthful and complete statement by...
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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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45-2-81.41
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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45-17-81.15
Section 45-17-81.15 Program requirements. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily 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 statutes or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) 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 circumstances
of the offender and victim. (b) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program counselors...
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45-18-81.25
Section 45-18-81.25 Program requirements; records. (a) An offender who enters into the
pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily
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 statutes or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) 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 circumstances
of the offender and victim. (b) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program...
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