Code of Alabama

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45-39-82.14
Section 45-39-82.14 Advisory board. The district attorney may form an advisory board within
the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion to
assist the district attorney in the determination of appropriate pretrial diversion candidates.
The district attorney shall retain the final decision as to the admittance or denial of individuals
into the pretrial diversion program. The district attorney shall appoint all members of any
advisory board and shall determine when or if it should meet. The advisory board shall serve
without personal profit, but may be paid from the District Attorney's Solicitor Fund for actual
expenses incurred in connection with its duties. (Act 2011-651, p. 1661, §15.)...
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45-2-84.06
Section 45-2-84.06 Application for pretrial release; payment of fees, etc. (a) Any person charged
in Baldwin County for an offense, other than those enumerated in subdivision (5) of Section
45-2-84.02, may request and apply for pretrial release under this part. Employees of the Baldwin
County Community Corrections Center or other persons designated by rules of the Baldwin County
Pretrial Release and Community Corrections Board may investigate, evaluate, and recommend
to a judicial officer the terms of the defendant's pretrial release pursuant to a pretrial
release program developed by the Baldwin County Pretrial Release and Community Corrections
Board. The defendant shall be notified prior to his or her release of all fees or other monies
he or she will be responsible to pay if he or she participates in pretrial release pursuant
to this part. (b) The judicial officer having jurisdiction of the defendant may order, as
a condition of pretrial release pursuant to this part, that in...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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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.)...
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45-2-84.03
Section 45-2-84.03 Release of eligible persons; participation in programs. (a) Any eligible
person, who is within the jurisdiction of the Circuit or District Courts of the Twenty-eighth
Judicial Circuit, may be released at the discretion of a judicial officer from the Baldwin
County Jail pursuant to the terms of the pretrial release program developed pursuant to this
part or upon conviction sentenced to the custody of the Baldwin County Community Corrections
Center or placed in programs developed pursuant to this part. (b) An eligible person may be
considered for participation in the programs developed pursuant to the provisions of this
part upon an order of the court having jurisdiction of the eligible person, upon the motion
of the eligible person, and upon motion of the district attorney. An eligible person may not
be ordered by a judicial officer to be placed in the programs developed pursuant to this part
unless the eligible person meets the criteria promulgated by the Baldwin...
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45-29-82.65
Section 45-29-82.65 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) Agree, in writing, to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) Waive in writing his or her right to a jury
trial. (4) Provide a statement as to his or her involvement in the offense charged, 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 district attorney taking into account circumstances
of the offender and victim. (b) Pretrial diversion program records...
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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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45-7-82.28
Section 45-7-82.28 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 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 ability of the offender to pay. (Act 2009-460, p. 802, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.28.htm - 1K - Match Info - Similar pages

45-7-82.29
Section 45-7-82.29 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 recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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13A-6-181
Section 13A-6-181 Fines; counseling or educational training programs; pretrial diversion program.
(a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees, upon conviction
for the offense of promoting prostitution under Division 1 of Article 3 of Chapter 12, or
a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory fine of five hundred
dollars ($500) shall be assessed. The court shall order the five hundred dollar ($500) fine
to be paid to the clerk of court to be distributed to a court-certified therapeutic counseling
entity that provides education, treatment, and prevention counseling to adult persons convicted
of prostitution offenses. (2) Any fine imposed by the court for a second or subsequent conviction
under subdivision (1) shall increase by 50 percent for each subsequent conviction through
a fourth conviction. (b) A court may order an adult person convicted of an offense under Division
1 of Article 3 of Chapter 12 or subsection (b) or...
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