Code of Alabama

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45-37A-160.01
Section 45-37A-160.01 Definitions. For the purposes of this article, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Fultondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Fultondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Fultondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal...
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45-37A-240.21
Section 45-37A-240.21 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Hoover as a condition precedent to participation in a pretrial diversion program.
(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Hoover Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Hoover duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Hoover in accordance with
Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense, including,
but...
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45-37A-270.21
Section 45-37A-270.21 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Irondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Irondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Irondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Irondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense,...

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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the municipality as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the
city attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT
OFFICER. As defined in Section 36-25-1(15), whether employed in the this state or elsewhere.
(5) MUNICIPALITY. A municipality in Geneva County that has a municipal court, city attorney,
and police department. (6) OFFENDER. Any person charged with a criminal offense, including,
but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing
law, which was allegedly committed in the corporate limits or police jurisdiction of the municipality.
(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-45A-31.20
Section 45-45A-31.20 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Huntsville as a condition precedent to participation in a pretrial diversion
program. (2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City
of Huntsville or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City
Council of the City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position
by the City Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision
(1) of Section 41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15)
of Section 36-25-1, whether employed in this state or elsewhere. (8) OFFENDER. Any
person charged with a criminal offense including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by existing law, which was allegedly committed in the...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following
meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting
of all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for
participation. (a) Any drug offender subject to this chapter who posts bail shall submit to
random observed drug tests as a condition of pretrial release. (b) A drug offender shall be
required to undergo a screening under any of the following conditions: (1) The results of
a drug test are positive. (2) The drug offender requests a screening. (3) The drug offender
admits to substance use or abuse within the year preceding the arrest for the present charge.
(4) The present charge involves a violation of the controlled substances or impaired driving
statutes. (5) The drug offender, within the previous five years, has been convicted in any
state or federal court involving a violation described in subsection (b)(1), (b)(3), or (b)(4).
(6) The drug offender refuses to undergo a drug test as required by this chapter. (c) Notwithstanding
the requirements of subsection (a), the court shall order a drug offender...
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45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any
condition of the pretrial diversion program agreed to in writing by the offender and the district
attorney, the district attorney may terminate the participation of the offender in the program
and pursue criminal charges against the offender. The offender shall be given written notice
of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2009-460, p. 802, ยง12.)...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender
may be admitted into a pretrial diversion program established under this division, it shall
be appropriate for the district attorney to consider any of the following circumstances: (1)
If the offender is 18 years of age or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely
to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial
diversion program. (8) Undue hardship upon the victim. (9) Whether the...
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45-17-81.15
Section 45-17-81.15 Program requirements. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) If there is a
victim of the crime, agree, in writing, to a restitution agreement 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 victim. (b) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program counselors...
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