45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-41-83.08
Section 45-41-83.08 Authority of district attorney. Regardless of the authority granted to
the board, this part shall not interfere with or change in any manner the authority of the
Lee County District Attorney to nolle prosequi any charges, to lawfully establish and operate
a deferred prosecution program or a pretrial diversion program, or to preclude any person
from participation in the program. (Act 2009-330, p. 558, §9.)...
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45-42-82.51
Section 45-42-82.51 Liability of district attorney, agency, or service provider. In no event
shall the district attorney, the Limestone County Community Corrections program, the Limestone
County Drug Court, or any other agency or service provider have any liability, criminal or
civil, for the conduct of any offender while participating in the pretrial diversion program
or for acceptance of an offender into the program. (Act 2012-360, p. 892, § 12.)...
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45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, the city attorney and the offender shall submit the written
application of the offender together with the statement of facts of the offender, the acceptance
of the offender by the city judge, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
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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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45-36-232.35
Section 45-36-232.35 Jackson County Work Release and Pretrial Release Commission. (a) There
is hereby created a body to be known as the Jackson County Work Release and Pretrial Release
Commission, hereinafter called the commission. The commission shall be composed of seven persons,
including the following: The Sheriff of Jackson County, the district attorney of the Thirty-eighth
Judicial Circuit, a circuit judge from the Thirty-eighth Judicial Circuit to be appointed
by the presiding judge of the circuit, a judge of the District Court of Jackson County to
be appointed by the presiding district court judge in Jackson County, a person appointed by
the Jackson County Commission, a person appointed by the City Council of the City of Scottsboro,
the Circuit Court Clerk of Jackson County. (b) The commission shall have the duty to implement
this subpart and to generally superintend all administrative functions pursuant hereto, subject,
however, to the provisions of duly promulgated rules of...
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45-45-233.35
Section 45-45-233.35 Madison County Work Release and Pretrial Release Commission. (a) There
is hereby created a body to be known as the Madison County Work Release and Pretrial Release
Commission, hereinafter called the commission. The commission shall be composed of eight persons,
including the following: The Sheriff of Madison County, the District Attorney of the Twenty-third
Judicial Circuit, a circuit judge from the Twenty-third Judicial Circuit to be appointed by
the presiding judge of the circuit, a judge of the District Court of Madison County to be
appointed by the presiding district court judge in Madison County, a person appointed by the
Madison County Commission, a person appointed by the City Council of the City of Huntsville,
the Circuit Court Clerk of Madison County, and one court administrator of the Twenty-third
Judicial Circuit. (b) The commission shall have the duty to implement this subpart and to
generally superintend all administrative functions pursuant hereto,...
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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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