Code of Alabama

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45-34-82.02
of the Twentieth Judicial Circuit for admittance to the pretrial diversion program. (b) A person
charged with any of the following offenses may apply for the program: (1) A traffic offense,
other than driving under the influence (DUI) or a traffic offense charged to a commercial
driver license holder, whether or not the holder was operating a commercial motor vehicle
at the time of the offense. (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. (c) 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...
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45-16-82.22
Twelfth Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged
with any of the following offenses may apply for admission into the program: (1) A traffic
offense, other than driving under the influence (DUI), or a traffic offense charged to a commercial
driver license holder, whether or not the holder was operating a commercial motor vehicle
at the time of the offense. (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. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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45-27-82.21
charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit
or district court of the Twenty-first Judicial Circuit of Alabama may apply to the District
Attorney of the Twenty-first Judicial Circuit for admittance to the pretrial diversion program.
A person charged with any of the following may apply for the program: (1) Drug offenses as
provided in Section 12-23-5. (2) Property offenses. (3) Offenses wherein the victim did not
receive serious physical injury. (4) Offenses 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) All misdemeanors other than traffic or conservation offenses. (b) 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 diversion. (c) 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...
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45-29-82.62
in the circuit or district court of the Twenty-fourth Judicial Circuit may apply to the District
Attorney of the Twenty-fourth Judicial Circuit for admittance to the pretrial diversion program.
A person charged with any of the following offenses may apply for the program: (1) A drug
offense, as provided in Section 12-23-5. (2) A property offense, including, but not limited
to, theft in any degree and burglary in any degree. (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 a traffic or conservation offense. (b) The following offenses
are ineligible for consideration for the pretrial diversion program: (1) Any Class A felony.
(2) Any offense involving serious injury to a person. (3) Any offense involving death.
(4) A person deemed by the district attorney to be a threat to the safety or...
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45-42-82.47
Section 45-42-82.47 Fees. (a) An offender may be assessed a nonrefundable application fee when
the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs or fees and assessments
for the crime victim's compensation fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. 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 established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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45-7-82.22
Applicants for admittance. (a) A person charged with a criminal offense specified in subsection
(b) whose jurisdiction is in the circuit or district court of the Second Judicial Circuit
of Alabama may apply to the district attorney for admittance to the pretrial diversion program.
(b) A person charged with any of the following offenses may apply for admission into the program:
(1) A traffic offense. (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, unless specifically excluded in this section. (6) A violation classified under
this code. (c) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Trafficking, distribution, or manufacturing of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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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-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor 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 municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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45-28-82.27
Section 45-28-82.27 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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45-39-82.07
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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