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12-14-91
learner permit holder who is charged with a violation of a traffic law in this state shall
not be eligible for a pretrial diversion program pursuant to this article. (g) Absent wantonness,
gross negligence, or intentional misconduct, the municipality, or its officers or employees,
shall have no liability, criminal or civil, for the conduct of any offender while participating
in a pretrial diversion program established under this article or of any service provider
or its agents that are contracted to or who have agreed to provide services to the pretrial
diversion program. (h) The municipality, or its officers or employees, shall have no liability,
criminal or civil, for any injury or harm to the offender while the offender is a participant
in any pretrial diversion program administered pursuant to this article The municipal prosecutor
may require written agreed upon waivers of liability as a prerequisite for admittance into
the pretrial diversion program. (Act 2013-353, p. 1265, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-91.htm - 2K - Match Info - Similar pages
45-2-81.45
Section 45-2-81.45 Time for application. (a) An offender shall make application to the Pre-Trial
Intervention Program no later than 45 days after service of the warrant or within 21 days
following appointment of counsel for the charge for which the offender applies or at his or
her first court appearance. (b) In the discretion of the district attorney, the time provision
of this section may be waived. (Act 97-692, p. 1045, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-81.45.htm - 750 bytes - Match Info - Similar pages
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 abuse of a child or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.02.htm - 2K - Match Info - Similar pages
45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the
pretrial diversion program agreed to in writing by the offender, the municipal prosecutor
may terminate the participation of the offender in the pretrial diversion program and may
actively pursue the prosecution of the offender for the offense or offenses or violation or
violations charged. The offender shall be given written notice of the intent of the municipal
prosecutor to terminate him or her from the pretrial diversion program, including the reason
for termination. If removed from the program by the municipal prosecutor, the offender shall
be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees
paid in application for and admission into the pretrial diversion program. (b) At his or her
discretion, the municipal prosecutor may waive a violation for good cause shown as to why
the offender should be allowed to remain in the pretrial diversion program. (Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.11.htm - 1K - Match Info - Similar pages
45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge 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 still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.29.htm - 3K - Match Info - Similar pages
45-37A-160.01
of the City of Fultondale in accordance with Section 12-14-34. (6) OFFENDER. Any person charged
with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic
offense, as defined by this code, which was allegedly committed in the corporate limits or
police jurisdiction of the City of Fultondale. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city's municipal court judge.
(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-430, p. 1715, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.01.htm - 2K - Match Info - Similar pages
45-37A-240.21
the Mayor of the City of Hoover in accordance with Section 12-14-34. (6) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by this code, which was allegedly committed in the corporate
limits or police jurisdiction of the City of Hoover. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city's municipal court judge.
(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-431, p. 1724, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.21.htm - 2K - Match Info - Similar pages
45-37A-270.21
Mayor of the City of Irondale in accordance with Section 12-14-34. (6) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by this code, which was allegedly committed in the corporate
limits or police jurisdiction of the City of Irondale. (7) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city's municipal court judge.
(8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-429, p. 1707, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.21.htm - 2K - Match Info - Similar pages
12-17-226.17
offender database. Any existing or newly created pretrial diversion program, regardless of
whether it was established by this division or created by local law, municipal ordinance,
or other administrative action, or is an existing district attorney or municipal pretrial
diversion program, shall be subject to this section. Upon entry into any pretrial diversion
program, the district attorney or municipal prosecutor shall submit information, including
the name, date of birth, and identifying personal vital information of a participating
offender. The district attorney or municipal prosecutor shall also submit the criminal statute
or municipal ordinance violated, a brief description of any underlying qualifying offense,
and a brief description of the agreed upon disposition of the offense. If the offender was
prematurely terminated from the program, a brief description of the reasons for the termination
shall be submitted for inclusion into the database. (b) Information in the database...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
45-17-81.12
(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction
is in the circuit or district court of the Thirty-first Judicial Circuit may apply to the
District Attorney of the Thirty-first Judicial Circuit for admittance to the pretrial diversion
program. (b) A person charged with any of the following offenses may apply for the program:
(1) Any traffic offense. (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. (c) The following
offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense
involving the abuse of a child or an elderly person. (2) Any sex offense. (3) Any Class A
felony, except in the case of drug-related offenses when the defendant has...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.12.htm - 2K - Match Info - Similar pages
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