45-42-82.51
Section 45-42-82.51 Liability of district attorney, agency, or service provider. In no event
shall the district attorney, the Limestone County Community Corrections program, the Limestone
County Drug Court, or any other agency or service provider have any liability, criminal or
civil, for the conduct of any offender while participating in the pretrial diversion program
or for acceptance of an offender into the program. (Act 2012-360, p. 892, § 12.)...
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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...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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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...
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45-17-81.17
Section 45-17-81.17 Costs and fees. (a) An applicant shall pay a nonrefundable application
fee of one hundred fifty dollars ($150). The amount of the assessment for participation in
the program shall be in addition to any court costs and assessments for victims or drug, alcohol,
or anger management treatment required by law, and are in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Pretrial diversion program
fees as established by this subpart may be waived or reduced for just cause at the discretion
of the district attorney. A schedule of payments for any of these fees may be established
by the district attorney. (b) The following nonrefundable fees shall be applied to applicants
accepted into the pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty
dollars ($750), plus a supervision fee of up to fifty dollars ($50) per month. If the offense
is a drug-related offense, then the following nonrefundable fees...
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45-28-82.30
Section 45-28-82.30 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this subpart shall be paid into the District Attorney's Solicitor Fund. The district
attorney shall disburse 10 percent to the Sheriff of Etowah County to be deposited into the
Law Enforcement Fund, and 10 percent, if the Sixteenth Judicial Circuit has one, to an approved
child advocacy center. The remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for any other law enforcement purpose.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, telephones, postage, office supplies and equipment, training and
travel services, service contracts, or professional services. The district attorney may pay
for services or programs for an offender while the offender is in the pretrial division program
if special circumstances and justice dictate. (Act...
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45-45-83.46
Section 45-45-83.46 Fees. (a) An applicant may be assessed a fee when the applicant is approved
for the program. The amount of the assessment for participation in the program shall be in
addition to any court costs, assessments for victims, or drug, alcohol, or anger management
treatment required by law, the district attorney, or the court and shall be in addition to
costs of supervision, treatment, and restitution for which the pretrial admittee may be responsible.
Pretrial intervention program fees, as established by this section, may be waived or reduced
due to indigency or reduced ability to pay or for just cause at the discretion of the district
attorney. The determination of indigency of the offender, for the purpose of pretrial intervention
admission or fee waiver or reduction shall be made by the district attorney. A schedule of
payments for any of these fees may be established by the district attorney. (b) The following
fees, as set by the district attorney, shall be paid by...
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12-19-313
Section 12-19-313 Assessment of fees. If the charge against a defendant in a case is disposed
of by a finding of not guilty, no bill, dismissal or nolle prosequi without conditions, the
fees imposed in the case pursuant to paragraph b. of subdivision (1) of subsection (a) of
Section 12-19-311 shall not be assessed. In all other cases wherein the charge against a defendant
is disposed of by conviction, a finding of guilty, or dismissal or nolle prosequi upon conditions
to pay costs and fees, the fees pursuant to paragraph b. of subdivision (1) of subsection
(a) of Section 12-19-311 shall be assessed. If the defendant is admitted to a pretrial diversion
program or to a specialty court program, the fee shall be assessed as with other court costs
and fees. (Act 2012-535, p. 1582, §4.)...
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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...
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45-42-82.48
Section 45-42-82.48 Collection and disposition of funds. (a) Application fees required by this
subpart shall be collected by the appropriate circuit or district court clerk of the Thirty-ninth
Judicial Circuit. The fees shall be disbursed to the appropriate court clerk, the Limestone
County Children's Advocacy Center, the Limestone County Family Resource Center, and the Limestone
County District Attorney's Solicitor's Fund, as allocated by Section 45-42-82.47, and as other
costs and fees are disbursed to the Limestone County District Attorney's Solicitor's Fund.
(b) All fees paid by offenders which are disbursed by the court clerk to the office of the
district attorney shall be used to pay costs associated with the administration of the pretrial
diversion program or for other law enforcement purposes deemed necessary by the district attorney.
(Act 2012-360, p. 892, § 9.)...
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