45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district attorney and the offender shall submit the offender's written application together with the offender's statement of facts, the district attorney's acceptance of the offender, and the agreement between the district attorney and the offender to the court presiding over the offender's affected case. The offender shall also enter a plea of guilty to the charge or charges involved. (b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise place it on an administrative docket until such time as the court has been notified that the offender has either fulfilled the terms of the agreement or has been terminated from the program. However, acceptance of the plea of guilty and imposition of punishment by the court shall be deferred until and unless the offender is terminated from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.49.htm - 2K - Match Info - Similar pages
45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city judge, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city judge, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the probation officer or any agency or service provider in furtherance of the application and evaluation process and the same will be deducted from any money so refunded to the offender. (b) Upon approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.28.htm - 3K - Match Info - Similar pages
12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender's participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pretrial diversion program may be placed under the supervision of an existing community corrections program, or other alternative diversionary program, provided that the supervision is consistent with public safety and the best interests of the offender in furtherance of his or her treatment and rehabilitation in the community. (2) The court and the offender shall be given written notice of the intent of the district attorney to terminate the offender from the pretrial diversion program including the reason for the termination. If the offender is unavailable for notice or has absconded, the district attorney may provide notice of termination from the pretrial diversion...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.12.htm - 1K - Match Info - Similar pages
45-45-83.44
Section 45-45-83.44 Agreement required of offender in program. (a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon his or her successful completion of the program his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions of the intervention program established by the district attorney. (4) In the event there is a victim of the crime agree, in writing, to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pretrial intervention records or records related to pretrial intervention admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial intervention counselors and defendants shall be privileged unless a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-83.44.htm - 1K - Match Info - Similar pages
12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court. (2) Nothing in this chapter shall affect the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-4.htm - 6K - Match Info - Similar pages
45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the municipality as a condition precedent to participating in a pretrial diversion program. (2) CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER. As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY. A municipality in Geneva County that has a municipal court, city attorney, and police department. (6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.01.htm - 1K - Match Info - Similar pages
45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of all of the following: a. A circuit judge appointed by the board. b. The district attorney or his or her designee. c. A public defender or member of the criminal defense bar appointed by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator. f. A representative from the corrections division of the Lee County Sheriff's office appointed by the board. g. A court referral officer or state probation officer appointed by the board. h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person charged with or convicted of an offense involving the use, abuse, or possession of drugs or drug paraphernalia. Such persons do not include those currently charged with or convicted of driving or boating under the influence in any state, local,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41-83.11.htm - 3K - Match Info - Similar pages
12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and control; intervention plans. (a) The district attorney of any judicial circuit of this state may establish a pretrial diversion program within that judicial circuit or any county within that judicial circuit. (b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained. (c) A county pretrial diversion program established under subsection (a) shall be under the direct supervision and control of the district attorney. The district attorney may contract with any agency, person, or corporation, including, but not limited to, certified and judicially sanctioned community corrections programs, certified mental health and drug treatment programs, family service programs, or any certified not-for-profit programs for services related to this division. The district attorney...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.1.htm - 1K - Match Info - Similar pages
15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less in any court having jurisdiction to try offenses against the State of Alabama and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order: (1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such period and upon such terms as the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-8.htm - 7K - Match Info - Similar pages
12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense including juveniles charged with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23-3.htm - 3K - Match Info - Similar pages
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