45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established by the district attorney 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 and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.47.htm - 4K - Match Info - Similar pages
45-39-82.07
Section 45-39-82.07 Costs and fees. (a) An offender may be assessed an application fee when he or she is approved for the program. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim's compensation fund, Department of Forensic Science assessments, drug, alcohol, or anger management treatments required by law, restitution, costs of supervision, or treatment. A schedule of payments for any of these fees may be established by the district attorney. (b) The amount of the application fee shall be determined by the district attorney and may not exceed the following amounts for each case for which the offender makes application for acceptance into the pretrial diversion program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses: Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay....
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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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45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program shall: (1) 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 Pre-Trial Intervention Program established by the district attorney. (4) Provide a statement as to the involvement in the crime charged which shall be admissible in any criminal trial. (5) If 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) Pre-Trial Intervention Program records or records related to Pre-Trial Intervention Program admission, except for the statement of the applicant concerning his or her...
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45-23-82.07
Section 45-23-82.07 Costs and 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 and assessments for victims of 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. An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay. Pretrial diversion program fees as established by this part may be waived or reduced for just cause, including indigency of the applicant, at the discretion of the district attorney. Any determination of indigency of the offender for the purposes of pretrial diversion 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...
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45-28-82.35
Section 45-28-82.35 Use of other programs. The district attorney, to the extent practicable, may utilize the services of an existing community corrections program established pursuant to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial diversion program. The district attorney may utilize the services of an existing drug court program established pursuant to Section 12-23A-4, so long as the district attorney determines it would serve the best interests of justice and the community. (Act 2011-606, p. 1342, §16.)...
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45-39-82.15
Section 45-39-82.15 Use of other programs. The district attorney, to the extent practicable, may utilize the services of an existing community corrections program established pursuant to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial diversion program. The district attorney may utilize the services of an existing drug court program established pursuant to Section 12-23A-4, so long as the district attorney determines it would serve the best interest of justice and the community. (Act 2011-651, p. 1661, §16.)...
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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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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to opt into this division. (a) A district attorney, to the extent practicable, may enter into an agreement with a community correction entity, to utilize the services of existing community corrections programs established pursuant to Section 15-18-170, or faith based community programs, which are certified by the Alabama Department of Mental Health, to provide for the supervision of defendants participating in a pretrial diversion program established under this division. The district attorney may enter into an agreement with a drug court entity to utilize the services of existing certified drug court programs established pursuant to Section 12-23A-4, provided that the district attorney determines it would serve the best interest of justice and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11, if, upon enactment of this legislation, a pretrial diversion...
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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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