12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions. Any person arrested or charged with the violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district attorney having jurisdiction over the offense to enroll in a drug abuse treatment program in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution Services shall establish guidelines, which shall be used by the prosecutor in evaluating the request for diversion from the criminal justice system into rehabilitation. If prosecution has been initiated by the filing of a complaint, information or indictment, prior approval and dismissal of the case must be obtained from the judge presiding over the case. Admission to such treatment or rehabilitation program and deferral of prosecution is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23-5.htm - 3K - Match Info - Similar pages
12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney. c. The public defender or a member of the criminal defense bar. d. The drug court coordinator. e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for placement in a treatment program which shall be performed in accordance with criteria certified by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment designed to meet...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States. b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another. 2. Involves a substantial risk of physical injury against the person of another. 3. Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473, p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution; annual audit. (a) A drug court shall collect and maintain the following information for each drug offender that is considered for admission or admitted into drug court: (1) Prior criminal history. (2) Prior substance abuse treatment history, including information on the success or failure of the drug offender in those programs. (3) Employment, education, and income histories. (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (5)a. Instances of recidivism occurring after successful completion of drug court. Recidivism shall be measured at a period of three years after successful graduation. b. Instances of recidivism occurring after a drug offender's termination in drug court for a period of three years from release into the community. (6) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-10.htm - 4K - Match Info - Similar pages
45-31-84.07
as defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this part. (15) To observe curfews or home detention or travel constraints as set out in agreement signed by the offender. (16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above. (17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city attorney may direct. (19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from...
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45-35A-56.06
as defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this part. (15) To observe curfews or home detention or travel constraints as set out in agreement signed by the offender. (16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above. (17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city attorney may direct. (19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.06.htm - 5K - Match Info - Similar pages
45-37A-160.06
in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this article. (15) To observe curfews or home detention or travel constraints as set out in the agreement signed by the offender. (16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above. (17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city prosecutor may direct. (19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from...
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45-37A-240.26
in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this subpart. (15) To observe curfews or home detention or travel constraints as set out in the agreement signed by the offender. (16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above. (17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city prosecutor may direct. (19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.26.htm - 4K - Match Info - Similar pages
45-37A-270.26
in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this subpart. (15) To observe curfews or home detention or travel constraints as set out in the agreement signed by the offender. (16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above. (17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city prosecutor may direct. (19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.26.htm - 4K - Match Info - Similar pages
45-45A-31.25
defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this subpart. (15) To observe curfews or home detention or travel constraints as set out in agreement signed by the offender. (16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above. (17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city attorney may direct. (19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from...
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