45-35A-56.01
Section 45-35A-56.01 Established; discretionary powers; supervision and control. (a)
The City of Dothan, Alabama, may establish a pretrial diversion program. (b) All discretionary
powers endowed by common law and provided by statutes and acts of this state or powers or
discretion otherwise provided by law for the City of Dothan shall be retained. (c) The pretrial
diversion program shall be under the direct supervision and control of the city and the city
may contract with any agency, person, or corporation for services related to this part. The
city may employ necessary persons to accomplish this part and those persons shall serve at
the pleasure of the city. (Act 2012-445, p. 1248, §2.)...
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45-29-82.70
Section 45-29-82.70 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to
the district attorney shall be placed into the pretrial diversion program fund. The district
attorney shall disburse 20 percent of the funds to the Twenty-fourth Judicial Circuit Judicial
Administration Fund; the remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for other law enforcement purposes.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies
and equipment, training and travel services, service contracts, and professional services.
The district attorney may pay for services or programs for an offender while the offender
is in the pretrial diversion program if special circumstances and...
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45-45A-31.21
Section 45-45A-31.21 Establishment of program. (a) The City of Huntsville may establish
a pretrial diversion program. (b) All discretionary powers endowed by a common law and provided
by statutes and acts of this state or powers or discretion otherwise provided by law for the
City of Huntsville shall be retained. (c) The pretrial diversion program shall be under the
direct supervision and control of the city and the city may contract with any agency, person,
or corporation for services related to this subpart. The city may employ necessary persons
to accomplish this subpart and those persons shall serve at the pleasure of the city. (Act
2013-356, p. 1277, § 2.)...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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45-37A-160
Section 45-37A-160 Establishment of pretrial diversion program. (a) Notwithstanding
any other law to the contrary, the City of Fultondale may establish a pretrial diversion program
for any defendant within the jurisdiction of the municipal court. (b) All discretionary powers
endowed by a common law and provided by statutes and acts of this state or powers or discretion
otherwise provided by law for the City of Fultondale shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the city and the city may contract
with any agency, person, or corporation for services related to this article. The city may
employ necessary persons to accomplish this article and those persons shall serve at the pleasure
of the city. (Act 2013-430, p. 1715, §1.)...
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45-37A-240.20
Section 45-37A-240.20 Establishment of program. (a) Notwithstanding any other law to
the contrary, the City of Hoover may establish a pretrial diversion program for any defendant
within the jurisdiction of the municipal court. (b) All discretionary powers endowed by a
common law and provided by statutes and acts of this state or powers or discretion otherwise
provided by law for the City of Hoover shall be retained. (c) The pretrial diversion program
shall be under the direct supervision and control of the city and the city may contract with
any agency, person, or corporation for services related to this subpart. The city may employ
necessary persons to accomplish this subpart and those persons shall serve at the pleasure
of the city. (Act 2013-431, p. 1724, §1.)...
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45-37A-270.20
Section 45-37A-270.20 Establishment of program. (a) Notwithstanding any other law to
the contrary, the City of Irondale may establish a pretrial diversion program for any defendant
within the jurisdiction of the municipal court. (b) All discretionary powers endowed by a
common law and provided by statutes and acts of this state or powers or discretion otherwise
provided by law for the City of Irondale shall be retained. (c) The pretrial diversion program
shall be under the direct supervision and control of the city and the city may contract with
any agency, person, or corporation for services related to this subpart. The city may employ
necessary persons to accomplish this subpart and those persons shall serve at the pleasure
of the city. (Act 2013-429, p. 1707, §1.)...
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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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45-27A-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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45-9-82.29
Section 45-9-82.29 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a pretrial diversion program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
terms of the pretrial diversion program, the length of the program, and the period of time
after which the district attorney will dispose of the charges against the offender in a noncriminal
manner or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receives a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. The district
attorney may recommend that the court withhold adjudication of guilt or...
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