Code of Alabama

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12-23-4
Section 12-23-4 Court referral officers or contracting entities; appointment; supervision by
Administrative Director of Courts and circuit judges; compensation; duties. (a) The Administrative
Director of Courts is authorized to appoint court referral officers or contract with individuals
or entities to provide alcohol and drug assessment for courts and to conduct the court referral
programs in each court jurisdiction of the state. Such appointments or contracts shall be
made or entered into with the advice of the presiding circuit judge. The Administrative Director
of Courts shall designate the locations where said court referral programs, court referral
officers or contracting entities or individuals shall serve, which designations may be changed
from time to time; provided, however, that all appointed court referral officers and approved
court referral programs shall serve at the pleasure of the Administrative Director of Courts.
Any individual or entity which contracts to conduct...
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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have the following
meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs, or physical
structure which shall provide the programs or custodial care for eligible persons released
from custody prior to the adjudication of their case or sentenced to participate in programs
developed pursuant to this part after having been adjudicated and sentenced. (2) BALDWIN COUNTY
COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised by either the
Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin County Pretrial
Release and Community Corrections Board for the deposit of all funds, from whatever source,
collected for the operation and supervision of the programs developed and operated pursuant
to this part. The agency superintending the Baldwin County Community Corrections Center shall
supervise and manage this account. Funds deposited into this...
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45-2-81.47
Section 45-2-81.47 Substance abuse treatment program; drug testing. The district attorney and
the offender may enter into an agreement as a part of the Pre-Trial Intervention Program of
an offender that the offender be admitted to a drug or alcohol program on an in-patient or
out-patient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the Pre-Trial Intervention Program of the offender and other terms and conditions related
to substance abuse as the district attorney may direct. The offender shall pay the costs of
all services unless otherwise agreed. (Act 97-692, p. 1045, §8.)...
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45-27A-30
Section 45-27A-30 Pretrial diversion program. (a) The clerk of the municipal court of the City
of Brewton may establish a pretrial diversion program. (b) It shall be among the purposes
of the pretrial diversion program to provide an alternative to prosecuting offenders within
the City of Brewton's criminal justice system. (c) 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 municipal court or municipal prosecutor shall be retained. (d) The
pretrial diversion program shall be under the supervision of the Clerk of the Municipal Court
of the City of Brewton. (Act 2010-578, p. 1275, §1.)...
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12-14-90
Section 12-14-90 Establishment of pretrial diversion program. (a) The governing body of any
municipality may establish or abolish a pretrial diversion program for that municipality and
may provide for the assessment and collection of fees for the administration of such program.
(b) Any pretrial diversion program established pursuant to this article shall be under the
supervision of the presiding judge for the municipality pursuant to any rules and regulations
established by the municipal governing body. The presiding judge, with approval of the municipal
governing body and the municipal prosecutor, may contract with any agency, person, or business
entity for any service necessary to accomplish the purpose of this article. (c) The presiding
municipal judge, acting in consultation with the municipal prosecutor, shall have the authority
to establish all rules and terms necessary for the implementation of a pretrial diversion
program. (Act 2013-353, p. 1265, §1.)...
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12-23-15
Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund - Established fee;
sanctions for failure to remit fees. The Indigent Offender Alcohol and Drug Treatment Trust
Fund is hereby established and created as a separate fund in the State Treasury. Such fund
shall provide for payment to eligible alcohol and drug treatment programs for treatment and
rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the
State Treasury to the credit of such fund pursuant to this chapter and all moneys received
for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative
appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts
and approved by the Supreme Court shall be collected from each offender. The fee shall be
collected by the court referral officer by the tenth day of each month. The State Treasurer
shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust...
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45-31-84.04
Section 45-31-84.04 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney to
be a threat to the safety or well being of the community shall not be eligible for the program.
An offender charged with any of the following types of offenses shall be ineligible for admittance:
(1) Any offense involving violence or aggression resulting in injury to a law enforcement
officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where weapons are used or where children are victims. (4)
Any driving under the influence charge where serious physical injuries are involved. (5) Any
offense wherein the offender is a public official and the charge is related to the capacity
of the offender as a public official. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
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45-35A-56.03
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney to
be a threat to the safety or well being of the community shall not be eligible for the program.
An offender charged with any of the following types of offenses shall be ineligible for admittance:
(1) Any offense involving violence or aggression resulting in injury to a law enforcement
officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where weapons are used or where children are victims. (4)
Any driving under the influence charge where serious physical injuries are involved. (5) Any
offense wherein the offender is a public official and the charge is related to the capacity
of the offender as a public official. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or...
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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...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (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 well-being 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 any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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