Code of Alabama

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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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45-9-82.20
Section 45-9-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Fifth 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
for this state or powers or discretion otherwise provided by law for the District Attorney
of the Fifth 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 2005-148, p. 258, §1.)...
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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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45-42-82.52
Section 45-42-82.52 Supervision of offenders. The district attorney, to the extent practicable,
shall utilize the services of community corrections programs established pursuant to Section
15-18-170, to provide for the supervision of offenders in the pretrial diversion program.
(Act 2012-360, p. 892, § 13.)...
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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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45-27A-30.01
Section 45-27A-30.01 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) CITY. The City of Brewton, Alabama. (2) LAW ENFORCEMENT or
LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose
is to protect people. This may include, but is not limited to, police personnel, a correctional
officer, coroner, Department of Human Resources personnel, parole and probation personnel,
community corrections office personnel, and court referral office personnel, whether that
agency or department is located in the State of Alabama or elsewhere. (3) MUNICIPAL COURT.
The Municipal Court of the City of Brewton. (4) MUNICIPAL PROSECUTOR. The municipal prosecutor
of the City of Brewton or any attorney authorized by the mayor to act in that capacity. (5)
OFFENDER. Any person charged with a crime under this code or the Municipal Code of the City
of Brewton, which crime was allegedly committed within the jurisdiction of...
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12-17-226.11
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall be allocated
to the district attorney's office. At the discretion of the district attorney, all administration
fees paid by the offender pursuant to this division may either be paid to the district attorney,
to be placed in the District Attorney's Solicitor Fund, or if the district attorney and the
clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the
District Attorney's Solicitor Fund. In the event that the district attorney elects to have
the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor
Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing. (b)
All fees paid to the district attorney pursuant to this division shall be paid into the District
Attorney's Solicitor Fund and shall be used to pay costs associated with the administration
of the pretrial diversion program or for any other law...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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