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...
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45-7-82.25
Section 45-7-82.25 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the 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 pretrial diversion program established by the district attorney. (4) If there is a
victim of the crime, agree in writing to pay restitution, if any due the victim, 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. (5) Voluntarily execute in writing
permission to search and seize illegal contraband or substances. (b) Pretrial diversion program
records, including admission records, are confidential and shall not be...
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45-9-82.28
Section 45-9-82.28 Substance abuse treatment program; drug testing. The district attorney and
the offender may enter into an agreement as a part of the pretrial diversion program of an
offender that the offender be admitted to a drug or alcohol program on an inpatient or outpatient
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 pretrial
diversion 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 approved by the district attorney. (Act 2005-148, p. 258, §9.)...
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45-1-82.02
45-1-82.02 Applicants for admittance. (a) A person charged with a criminal offense specified
in this section whose jurisdiction is in the circuit or district court of the Nineteenth Judicial
Circuit may apply to the district attorney for admittance to the pretrial diversion program.
(b) A person charged with any of the following offenses may apply for admission into the program:
(1) A 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. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense....
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45-1-82.05
Section 45-1-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the records...
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45-1-82.08
Section 45-1-82.08 Self-improvement or self-help programs; drug testing. The district attorney
and the offender may enter into agreement as a part of the pretrial diversion program that
the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the district attorney to be in the best interest of the offender and society. The district
attorney may require the offender to submit to periodic or random drug or other testing as
a part of the pretrial diversion program and require other terms and conditions related to
substance abuse, domestic violence, or the offense charged as the district attorney may direct.
The offender shall pay the costs of all services unless otherwise approved by the district
attorney after considering the offender's ability to pay. (Act 2006-89, p. 110, §9.)...
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45-12-82.05
Section 45-12-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the...
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45-12-82.08
Section 45-12-82.08 Self-improvement or self-help programs; drug testing. The district attorney
and the offender may enter into an agreement as a part of the pretrial diversion program that
the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the district attorney to be in the best interest of the offender and society. The district
attorney may require the offender to submit to periodic or random drug or other testing as
a part of the pretrial diversion program and require other terms and conditions related to
substance abuse, domestic violence, or the offense charged as the district attorney may direct.
The offender shall pay the costs of all services unless otherwise approved by the district
attorney after considering the offender's ability to pay. (Act 2006-595, p. 1625, §9.)...

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45-16-82.25
Section 45-16-82.25 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (b) The district attorney's
pretrial diversion program records, along with the records relating to pretrial diversion
programs admission, are confidential records and shall not be...
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45-16-82.28
Section 45-16-82.28 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program
on an in-patient or out-patient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the offender's ability to pay. (Act 2005-145, p. 249, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.28.htm - 1K - Match Info - Similar pages