Code of Alabama

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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a)
An offender who enters into the pretrial diversion program shall satisfy each of the following
requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling of periods of limitations established by statutes or rules of court
while in the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide
a statement, written by the offender, admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) 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...
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45-29-82.60
Section 45-29-82.60 Established; discretionary powers; supervision and control. (a)
The District Attorney of the Twenty-fourth Judicial Circuit of Alabama may establish a pretrial
diversion program. (b) 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
District Attorney of the Twenty-fourth Judicial Circuit shall be retained. (c) The pretrial
diversion program shall be under the direct supervision and control of the district attorney
and the district attorney may contract with any agency, person, or corporation for services
related to this subpart. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
2003-190, 1st Sp. Sess., p. 502, §1.)...
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45-29-82.68
Section 45-29-82.68 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 2003-190, 1st Sp. Sess., p. 502,
§9.)...
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45-29-82.73
Section 45-29-82.73 Funding. The pretrial diversion program may apply for grants applicable
to the aims of the program, may accept gifts from individuals or corporations, and may receive
funding or appropriations from city, county, or state agencies or departments to be used in
the maintenance or expansion of the pretrial diversion program. (Act 2003-190, 1st Sp. Sess.,
p. 502, §14.)...
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45-3-82.42
Section 45-3-82.42 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Third Judicial Circuit may apply to the District Attorney of the Third 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) A traffic offense, other than driving under the influence
(DUI) or a traffic offense charged to a commercial driver's license holder, whether or not
the holder was operating a commercial motor vehicle at the time of the 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 the Code of...
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45-3-82.45
Section 45-3-82.45 Program requirements. (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, agree, in writing, to the tolling of periods
of limitations 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 admissible in subsequent proceedings, criminal or...
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45-3-82.48
Section 45-3-82.48 Self-improvement programs; 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 2007-499, p. 1058, §9.)...

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45-34-82.02
Section 45-34-82.02 Applicants for admittance. (a) A person charged with a criminal
offense specified in this subsection whose jurisdiction is in the Circuit or District Court
of the Twentieth Judicial Circuit may apply to the District Attorney of the Twentieth 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) A traffic offense, other than driving
under the influence (DUI) or a traffic offense charged to a commercial driver license holder,
whether or not the holder was operating a commercial motor vehicle at the time of the 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...
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45-34-82.05
Section 45-34-82.05 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) Agree, in writing, to the tolling, while in the program, 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 a restitution agreement 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) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program...
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45-34-82.08
Section 45-34-82.08 Treatment programs; 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 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 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 2003-225, p. 566, §9.)...
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