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45-28-82.29
Section 45-28-82.29 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. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular charge and receive a specific sentence, an agreement concerning when the plea
of guilty will occur, to what charge to which the offender will plead guilty, and any sentence
to be imposed, shall be approved by an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior to admission of the offender
in the pretrial diversion program. (b) As a condition of being admitted into...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender
may be admitted into a pretrial diversion program established under this division, it shall
be appropriate for the district attorney to consider any of the following circumstances: (1)
If the offender is 18 years of age or older at the time the offense was committed. (2) There
is a probability justice will be served if the offender is placed in the pretrial diversion
program. (3) It is determined the needs of the community and of the offender can be met through
the pretrial diversion program. (4) The offender appears to pose no substantial threat to
the safety and well-being of the community or law enforcement. (5) The offender is not likely
to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial
diversion program. (8) Undue hardship upon the victim. (9) Whether the...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following
meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting
of all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have
the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the
following members or their designees: a. The drug court judge, who shall serve as chair. b.
The district attorney. c. The public defender or a member of the criminal defense bar. d.
The drug court coordinator. e. The court clerk. f. A community corrections or court referral
officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance
abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT.
A diagnostic evaluation for placement in a treatment program which shall be performed in accordance
with criteria certified by the Department of Mental Health, Substance Abuse Services Division.
(3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and
coordinated course of substance abuse education and treatment designed to meet...
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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have
the following meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs,
or physical structure which shall provide the programs or custodial care for eligible persons
released from custody prior to the adjudication of their case or sentenced to participate
in programs developed pursuant to this part after having been adjudicated and sentenced. (2)
BALDWIN COUNTY COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised
by either the Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin
County Pretrial Release and Community Corrections Board for the deposit of all funds, from
whatever source, collected for the operation and supervision of the programs developed and
operated pursuant to this part. The agency superintending the Baldwin County Community Corrections
Center shall supervise and manage this account. Funds deposited into this...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal
offense or violation as specified in this section within the jurisdiction of the municipal
court may apply with the municipal prosecutor for admittance into the pretrial diversion program.
(b) A person charged with any of the following may apply for admission into the program: (1)
A traffic offense, other than driving under the influence. (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. (7) A violation or offense classified
under the Municipal Code of the City of Brewton. (c) The following offenses are ineligible
for consideration for the pretrial diversion program: (1) Any offense involving the...
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45-34-82
Section 45-34-82 Establishment of pretrial diversion program. (a) The District Attorney
of the Twentieth 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 Twentieth 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 part. The
district attorney may employ necessary persons to accomplish this part and these persons shall
serve at the pleasure of the district attorney. (Act 2003-225, p. 566, §1.)...
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45-45-83.41
Section 45-45-83.41 Eligibility. (a) Any person charged with a criminal offense whose
jurisdiction is in the circuit or district court of the Twenty-third Judicial Circuit of Alabama
may apply to the District Attorney of the Twenty-third Judicial Circuit for admittance to
the PTIP. No persons charged with a Class A felony or a crime that involved serious injury
to a person or death shall be eligible for pretrial intervention. (b) Any person deemed by
the district attorney to be a threat to the safety or well-being of the community shall not
be eligible for the PTIP. This section shall not apply if the district attorney determines
the elements of the offense do not fit the charges filed. (Act 94-92, p. 645, § 2.)...
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45-2-81.41
Section 45-2-81.41 Eligibility. (a) A person charged with a criminal offense specified
in this subsection whose jurisdiction is in the circuit or district court of the Twenty-eighth
Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-eighth Judicial
Circuit for admittance to the Pre-Trial Intervention Program. The district attorney may allow
a person charged with a drug offense to apply for admittance to the Pre-Trial Intervention
Program. No person charged with a Class A felony or a crime that involved serious injury to
a person or death shall be eligible for pre-trial intervention. (b) Any person deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the Pre-Trial Intervention Program. This section shall not apply if the
district attorney determines the elements of the offense do not fit the charges filed. (Act
97-692, p. 1045, §2.)...
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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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