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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45-35A-56
Section 45-35A-56 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 City of Dothan as a condition precedent to participating in a pretrial diversion program. (2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal staff employed by the city attorney. (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 this state or elsewhere. (5) 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 within the corporate limits or police jurisdiction of the City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition by the city or by a designated agency of certain conditions of behavior...
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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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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol, controlled substances, etc. (a) A person shall not drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving. (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood. The Alabama State Law Enforcement Agency shall suspend or revoke the...
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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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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (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, including, but not limited to, police personnel, sheriff personnel, district attorney investigator, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE. Work imposed as a condition of a pretrial diversion program that is intended for the common good of the community or to assist in restoration of the victim. Community service should further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of the judicial circuit or his or her designee, so designated to fulfill the goals, purposes, and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER. Any person who has been charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city 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, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city attorney. (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city attorney taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a...
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