45-2-84.03
Section 45-2-84.03 Release of eligible persons; participation in programs. (a) Any eligible
person, who is within the jurisdiction of the Circuit or District Courts of the Twenty-eighth
Judicial Circuit, may be released at the discretion of a judicial officer from the Baldwin
County Jail pursuant to the terms of the pretrial release program developed pursuant to this
part or upon conviction sentenced to the custody of the Baldwin County Community Corrections
Center or placed in programs developed pursuant to this part. (b) An eligible person may be
considered for participation in the programs developed pursuant to the provisions of this
part upon an order of the court having jurisdiction of the eligible person, upon the motion
of the eligible person, and upon motion of the district attorney. An eligible person may not
be ordered by a judicial officer to be placed in the programs developed pursuant to this part
unless the eligible person meets the criteria promulgated by the Baldwin...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor and the offender. The agreement shall include the terms of the pretrial diversion
program, the length of the program, and the period of time after which the municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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45-42-82.47
Section 45-42-82.47 Fees. (a) An offender may be assessed a nonrefundable application fee when
the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs or fees and assessments
for the crime victim's compensation fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the district attorney. (b) The amount of the application
fee shall be established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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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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45-36-232.35
Section 45-36-232.35 Jackson County Work Release and Pretrial Release Commission. (a) There
is hereby created a body to be known as the Jackson County Work Release and Pretrial Release
Commission, hereinafter called the commission. The commission shall be composed of seven persons,
including the following: The Sheriff of Jackson County, the district attorney of the Thirty-eighth
Judicial Circuit, a circuit judge from the Thirty-eighth Judicial Circuit to be appointed
by the presiding judge of the circuit, a judge of the District Court of Jackson County to
be appointed by the presiding district court judge in Jackson County, a person appointed by
the Jackson County Commission, a person appointed by the City Council of the City of Scottsboro,
the Circuit Court Clerk of Jackson County. (b) The commission shall have the duty to implement
this subpart and to generally superintend all administrative functions pursuant hereto, subject,
however, to the provisions of duly promulgated rules of...
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45-45-233.35
Section 45-45-233.35 Madison County Work Release and Pretrial Release Commission. (a) There
is hereby created a body to be known as the Madison County Work Release and Pretrial Release
Commission, hereinafter called the commission. The commission shall be composed of eight persons,
including the following: The Sheriff of Madison County, the District Attorney of the Twenty-third
Judicial Circuit, a circuit judge from the Twenty-third Judicial Circuit to be appointed by
the presiding judge of the circuit, a judge of the District Court of Madison County to be
appointed by the presiding district court judge in Madison County, a person appointed by the
Madison County Commission, a person appointed by the City Council of the City of Huntsville,
the Circuit Court Clerk of Madison County, and one court administrator of the Twenty-third
Judicial Circuit. (b) The commission shall have the duty to implement this subpart and to
generally superintend all administrative functions pursuant hereto,...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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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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45-35A-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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