45-27A-30.04
Section 45-27A-30.04 Admission into program. (a) Prior to being admitted into the pretrial
diversion program or as a part of the evaluation process, an offender may be required by the
municipal prosecutor to furnish information concerning his or her past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the municipal prosecutor
believes may have a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The municipal prosecutor may require the offender to
submit to any type of test or evaluation process or interview that the municipal prosecutor
deems appropriate in evaluating the offender for admittance in the pretrial diversion program.
The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to
or as provided by this part. (Act 2010-578, p....
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following circumstances: (1) The offender is 18 years of
age or older at the time the alleged offense was committed; 16 years of age or older if the
offense is a traffic violation. (2) There is a probability justice will be served if the offender
is placed in the pretrial diversion program. (3) It is determined the needs of the state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and wellbeing of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in the state. (8) The offender has no prior
felony convictions. (9) The offender does not hold a commercial...
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37-8-94
Section 37-8-94 Venue for violations committed on trains or buses. Any person charged with
a violation of the provisions of this article committed on a train or bus may be tried in
any county in which such violation may have occurred or may be discovered; or in any county
in which said person may ride on said train or bus, or part thereof, during or after the commission
of said offense. (Code 1907, §7683; Code 1923, §5364; Code 1940, T. 48, §463.)...
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12-14-5
Section 12-14-5 Admission to bail of persons charged with violations of municipal ordinances;
waiver of appearance bond. Municipal judges shall admit to bail any person charged with violation
of any municipal ordinance by requiring an appearance bond, with good security, to be approved
by the respective municipal judges or their designees, in an amount not to exceed $1,000.00,
and may, in their discretion, admit to bail such person on a personal recognizance bond, such
bonds to be conditioned on the appearance of such person before the judge on a day named therein
to answer the charges preferred against him. The municipal judge may waive an appearance bond
upon satisfactory showing that the defendant is indigent or otherwise unable to make bond.
(Acts 1975, No. 1205, p. 2384, §8-104; Acts 1989, No. 89-809, p. 1615, §1.)...
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16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this chapter if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this chapter, in accordance with the
procedure set out in this chapter and on the notice of violation, may contest the notice of
violation by obtaining a hearing in the court. (b) District and municipal courts of this state
are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this chapter as a civil offense whenever the offense is alleged to have occurred within
the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with
an offense, at an appearance before a judicial officer, may be ordered released pending a
trial on personal recognizance or upon the execution of an unsecured appearance bond in an
amount specified by the judicial officer, unless the judicial officer determines, in the exercise
of discretion, that release will not reasonably assure the appearance of the person as required.
(b) No person in Houston County charged with an offense shall be considered for the program
created by this subpart until the accused's first appearance before a judicial officer. (c)
In determining which conditions of release will reasonably assure the appearance of a person
as required, the judicial officer, on the basis of available information as presented by the
state, city, or their representative, respectively, or the defendant, shall consider matters
such as the nature and circumstances of the offense charged, the...
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45-37A-160
Section 45-37A-160 Establishment of pretrial diversion program. (a) Notwithstanding any other
law to the contrary, the City of Fultondale may establish a pretrial diversion program for
any defendant within the jurisdiction of the municipal court. (b) All discretionary powers
endowed by a common law and provided by statutes and acts of this state or powers or discretion
otherwise provided by law for the City of Fultondale shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the city and the city may contract
with any agency, person, or corporation for services related to this article. The city may
employ necessary persons to accomplish this article and those persons shall serve at the pleasure
of the city. (Act 2013-430, p. 1715, §1.)...
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45-49-235.08
Section 45-49-235.08 Release pending trial; conditions; order; notice. (a) Any person charged
with an offense, at his or her appearance before a judicial officer, may be ordered released
pending trial on his or her personal recognizance or upon the execution of an unsecured appearance
bond in an amount specified by the judicial officer, unless the judicial officer determines,
in the exercise of his or her discretion, that such a release will not reasonably assure the
required appearance of such person. When such a determination is made, the judicial officer,
either in lieu of, or in addition to, the above method of release, shall impose the first
of the following conditions of release which will reasonably assure the appearance of the
person for trial or, if no single condition gives that assurance, any combination of the following
conditions: (1) Place the person in the custody of a designated person who agrees to supervise
him or her. (2) Place restrictions on the travel,...
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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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