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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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (2) A property offense. (3) An offense
wherein the victim did not receive serious physical injury. (4) An offense in which the victim
was not a child under 14 years of age, a law enforcement officer, a school official, or a
correctional officer. (5) A misdemeanor other than one specifically excluded in this section.
(6) A violation classified under this code. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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45-45-83.49
Section 45-45-83.49 Program administration. All fees paid by offenders as heretofore set out
shall be paid to the District Attorney of the Twenty-third Judicial Circuit. The district
attorney shall establish a Pretrial Intervention Fund. The district attorney shall use the
funds to pay costs associated with the administration of the PTIP 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,
in his or her discretion, may pay for services or programs for an offender while the offender
is in the PTIP if special circumstances and justice dictate. (Act 94-392, p. 645, § 10.)...

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45-1-82.01
Section 45-1-82.01 Establishment of pretrial diversion program; discretionary powers; supervision
and control. (a) The district attorney may establish a pretrial diversion program. (b) 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 shall be
retained. (c) The pretrial diversion 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 part. The district attorney may employ necessary
persons to accomplish this subpart and these persons shall serve at the pleasure of the district
attorney. (Act 2006-89, p. 110, §2.)...
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45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue prosecution
of the offender for the crime or crimes charged. The offender shall be given written notice
of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
shall be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2006-89, p. 110, §12.)...
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45-12-82.11
Section 45-12-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this part, any fees paid for the admission into the pretrial diversion program. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the pretrial diversion program. (Act 2006-595, p. 1625, §12.)...
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45-16-82.31
Section 45-16-82.31 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2005-145, p. 249, §12.)...
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45-3-82.51
Section 45-3-82.51 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2007-499, p. 1058, §12.)...
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45-7-82.21
Section 45-7-82.21 Established; discretionary powers; supervision and control. (a) The district
attorney may establish a pretrial diversion 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. (c)
The pretrial diversion 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. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
2009-460, p. 802, §2.)...
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45-7-82.29
Section 45-7-82.29 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
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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