45-4-83.09
Section 45-4-83.09 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 sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Fourth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. (b) As a condition of
being admitted to the pretrial diversion program, the district...
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45-7-82.33
Section 45-7-82.33 Funding. The pretrial diversion program may apply for and accept grant funding
applicable to the aims of the program and may receive funding or appropriations from city,
county, state, or federal agencies or departments to be used in the maintenance or expansion
of the pretrial diversion program. (Act 2009-460, p. 802, §14.)...
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45-9-82.29
Section 45-9-82.29 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 sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the
pretrial diversion program agreed to in writing by the offender, the municipal prosecutor
may terminate the participation of the offender in the pretrial diversion program and may
actively pursue the prosecution of the offender for the offense or offenses or violation or
violations charged. The offender shall be given written notice of the intent of the municipal
prosecutor to terminate him or her from the pretrial diversion program, including the reason
for termination. If removed from the program by the municipal prosecutor, the offender shall
be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees
paid in application for and admission into the pretrial diversion program. (b) At his or her
discretion, the municipal prosecutor may waive a violation for good cause shown as to why
the offender should be allowed to remain in the pretrial diversion program. (Act...
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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or her staff shall have
no liability, criminal or civil, for the conduct of any offender while participating in a
pretrial diversion program established under this division or of any service provider or its
agents that are contracted to or who have agreed to provide services to the pretrial diversion
program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney,
or his or her staff or its officers or employees, shall have no liability, criminal or civil,
for any injury or harm to the offender while the offender is a participant in any pretrial
diversion program administered pursuant to this division. The district attorney may require
written agreed upon waivers of liability as a prerequisite for admittance into the pretrial
diversion program. (c) Absent an agreement which includes the consent...
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45-39-82.10
Section 45-39-82.10 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this part shall be paid into the District Attorney's Solicitor Fund. The funds
shall be used to pay costs associated with the administration of the pretrial diversion program
or for any other law enforcement purpose. Costs associated with program administration shall
include, but shall not be limited to, salaries, rent, vehicles, uniforms, telephones, postage,
office supplies and equipment, training and travel services, service contracts, or professional
services. The district attorney may pay for services or programs for an offender while the
offender is in the pretrial diversion program if special circumstances and justice dictate.
(Act 2011-651, p. 1661, §11.)...
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45-42-82.41
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control.
(a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a
pretrial diversion program. (b) All discretionary powers endowed by the common law and provided
by statutes and acts of this state or powers or discretion otherwise provided by law for the
District Attorney of the Thirty-ninth 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, including,
but not limited to, the Limestone County Community Correction Program and the Drug Court for
Limestone County, for services related to this subpart. The district attorney may employ necessary
persons to accomplish this subpart and such persons shall serve at the pleasure of the district
attorney. (Act 2012-360, p. 892, § 2.)...
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45-28-82.34
Section 45-28-82.34 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 Solicitors Fund for
actual expenses incurred in connection with its duties. (Act 2011-606, p. 1342, §15.)...

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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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45-27A-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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