15-12-26
Section 15-12-26 Contract counsel system - Selection and appointment of counsel.. (a)
The director may recommend that a contract counsel system be used as the method to provide
indigent defense services within a circuit or part thereof. The indigent defense advisory
board shall be consulted and make a determination on the selection and appointment of contract
counsel for the circuit. The director may appeal the determination of the indigent defense
advisory board to the Indigent Defense Review Panel. The Indigent Defense Review Panel shall
make a decision in a timely manner, which decision shall be deemed final. (b) If an indigent
defense advisory board chooses to explore a contract counsel system within a circuit or part
thereof, the indigent defense advisory board shall follow the procedures of the director for
requesting and accepting applications or proposals for such contracts and shall make a recommendation
for contract counsel to the director. The indigent defense advisory board...
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11-44C-98
Section 11-44C-98 Board of adjustment. (a) In any Class 2 municipality, any law to the
contrary notwithstanding, the number of members on a board of adjustment provided for in Section
11-52-80, whose members are appointed by the governing body of the Class 2 municipality shall
be the same as the number of members of the governing body of the Class 2 municipality. (b)
In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse,
affirm, or modify the order, requirement, decision, or determination appealed from and may
enter the appropriate order, requirement, decision, or determination and, to that end, shall
have all the powers of the officer from whom the appeal is taken. The concurring vote of five
members of the board shall be necessary to reverse any order, requirement, decision, or determination
of an administrative official or to decide in favor of the applicant on a matter upon which
the board is required to pass under any ordinance or to effect any...
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45-4-83.02
Section 45-4-83.02 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
Fourth Judicial Circuit may apply to the district attorney for admittance to the pretrial
diversion program. A person charged with any of the following offenses may apply for 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. (b) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the
decision of the district attorney to admit the offender into the pretrial diversion program,
but prior to entry, the district attorney and the offender shall enter into a written agreement
stating the conditions of the participation of the offender in the program. The agreement
shall include, but not be limited to, the following: (1) A voluntary waiver of the offender's
right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods
of limitations established by statute or rules of court. (3) An agreement to the conditions
of the program established by the district attorney. (4) If there is a victim of the charged
crime, an agreement to a restitution repayment 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 the victim. (5) A waiver in writing of the offender's right to a jury...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals
under this article shall be made as herein provided and in accordance with such general rules
and regulations as the regulatory authority may prescribe. These procedures shall take precedence
over the Alabama Administrative Procedure Act, which shall in no respect apply to proceedings
arising under this article. (1)a. A determination by the regulatory authority as specified
by law shall be made promptly and shall include a statement as to the action to be taken and
reasons therefor. Notice of the determination or decision shall be promptly given to the parties
involved by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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11-52-80.1
Section 11-52-80.1 Board of Adjustment - Definitions; membership; reversing, affirming
or modifying decisions, etc.; terms of planning commission members terminated; duties, powers,
etc. (a) When used in this section, the words municipality, municipalities, and mayor
shall have the meanings as provided for in Section 11-52-1. (b) The council of any
Class 5 municipality with a city manager or mayor commission form of government may determine
by ordinance that any board of adjustment of the municipality created pursuant to Section
11-52-80, shall consist of seven members: six regular members appointed by the council and
representing as equally as possible the several districts, wards, or other areas of the municipality,
to be determined by the council, and one regular member appointed by the mayor. (c) In exercising
the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or
may modify the order, requirement, decision, or determination appealed from and may enter...

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45-16-82.23
Section 45-16-82.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the diversion program. (3) It is determined the needs of the
state 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. (5) It
appears the offender is not likely to be involved in further criminal activity. (6) The offender
will likely respond to rehabilitative treatment. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2005-145, p. 249, §4.)...
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45-17-81.13
Section 45-17-81.13 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the diversion program. (3) It is determined the needs of the
state 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. (5) It
appears the offender is not likely to be involved in further criminal activity. (6) The offender
will likely respond to rehabilitative treatment. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2007-332, p. 588, §4.)...
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45-18-81.23
Section 45-18-81.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged 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 state 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 wellbeing of the community.
(5) It appears the offender is not likely to be involved in further criminal activity. (6)
The offender will likely respond to rehabilitative treatment. (b) The district attorney may
waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2004-478, p. 884, §4.)...
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45-29-82.63
Section 45-29-82.63 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older at the time the alleged offense was committed. (2) There is a probability
justice will be served if the offender is placed in the diversion program. (3) It is determined
the needs of the state 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. (5) It appears the offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment. (b) The district attorney
may waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2003-190, 1st Sp. Sess., p. 502, §4.)...
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