45-3-82.49
Section 45-3-82.49 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to the approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this subpart may be waived or reduced due to indigency or reduced ability
to pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) The following...
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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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45-9-82.27
Section 45-9-82.27 Costs and fees. (a) An applicant may be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this subpart may be waived or reduced for just cause at the discretion of the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses, up to one thousand dollars ($1,000). (2)
Misdemeanor offenses, excluding traffic, up to five hundred dollars ($500). (3) Traffic offenses,
up to three hundred dollars ($300). (c) The district attorney may use...
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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to
opt into this division. (a) A district attorney, to the extent practicable, may enter into
an agreement with a community correction entity, to utilize the services of existing community
corrections programs established pursuant to Section 15-18-170, or faith based community programs,
which are certified by the Alabama Department of Mental Health, to provide for the supervision
of defendants participating in a pretrial diversion program established under this division.
The district attorney may enter into an agreement with a drug court entity to utilize the
services of existing certified drug court programs established pursuant to Section 12-23A-4,
provided that the district attorney determines it would serve the best interest of justice
and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11,
if, upon enactment of this legislation, a pretrial diversion...
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45-17-81.17
Section 45-17-81.17 Costs and fees. (a) An applicant shall pay a nonrefundable application
fee of one hundred fifty dollars ($150). The amount of the assessment for participation in
the program shall be in addition to any court costs and assessments for victims or drug, alcohol,
or anger management treatment required by law, and are in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Pretrial diversion program
fees as established by this subpart may be waived or reduced for just cause at the discretion
of the district attorney. A schedule of payments for any of these fees may be established
by the district attorney. (b) The following nonrefundable fees shall be applied to applicants
accepted into the pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty
dollars ($750), plus a supervision fee of up to fifty dollars ($50) per month. If the offense
is a drug-related offense, then the following nonrefundable fees...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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45-28-82.30
Section 45-28-82.30 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this subpart shall be paid into the District Attorney's Solicitor Fund. The district
attorney shall disburse 10 percent to the Sheriff of Etowah County to be deposited into the
Law Enforcement Fund, and 10 percent, if the Sixteenth Judicial Circuit has one, to an approved
child advocacy center. The remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for any other law enforcement purpose.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, telephones, postage, office supplies and equipment, training and
travel services, service contracts, or professional services. The district attorney may pay
for services or programs for an offender while the offender is in the pretrial division program
if special circumstances and justice dictate. (Act...
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45-12-82.07
Section 45-12-82.07 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this part may be waived or reduced due to indigency or reduced ability to
pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) Except as herein...
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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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