Code of Alabama

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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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45-2-81.44
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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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a)
In any case in which an offender is admitted into a PTIP there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
intervention 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 or what
charges the defendant shall plead guilty to and the sentence the offender shall receive. In
all cases where as part of the PTIP the offender agrees to plead guilty to a particular offense
and receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the
decision of the district attorney to admit the offender into the pretrial diversion program,
but prior to entry, the district 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, the following: (1) A voluntary waiver of the offender's
right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods
of limitations established by statute or rules of court. (3) An agreement to the conditions
of the program established by the district attorney. (4) If there is a victim of the charged
crime, an agreement to a restitution repayment 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 the victim. (5) A waiver in writing of the offender's right to a jury...
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45-31-84.07
Section 45-31-84.07 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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45-2-81.50
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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45-2-81.49
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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45-2-81.43
Section 45-2-81.43 Admission into program. (a) Prior to being admitted to the Pre-Trial
Intervention Program or as a part of the district attorney's evaluation process, an applicant
may be required by the district attorney to furnish information concerning past criminal history,
educational history, work record, family history, medical or psychiatric treatment or care
received, psychological test taken, and any other information concerning the offender which
the district attorney feels has a bearing on the decision as to whether or not the offender
should be admitted to the Pre-Trial Intervention Program. (b) The district attorney may require
the offender to submit to any type of test or evaluation process or interview the district
attorney deems appropriate in evaluating the offender for admittance into the Pre-Trial Intervention
Program. The costs of any test or evaluation shall be paid by the offender or as otherwise
agreed to or provided for by this subpart. (Act 97-692, p. 1045,...
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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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45-2-81.45
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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