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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.13.htm - 1K - Match Info - Similar pages

12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance
into the pretrial diversion program shall be in the discretion of the district attorney. To
assist the district attorney in his or her decision to admit the offender into the pretrial
diversion program, the district attorney, prior to the offender being admitted to the pretrial
diversion program or as a part of the district attorney's evaluation process, may require
an offender to furnish to the district attorney information concerning past criminal history,
educational history, work history, family history, medical or psychiatric treatment history,
psychological tests, or any other information concerning the offender which the district attorney
believes is applicable to determine whether the offender should be admitted into the pretrial
diversion program. (b) The district attorney may require the offender to submit to any examinations,
test, or evaluation process the district attorney deems...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.4.htm - 1K - Match Info - Similar pages

12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters
into a pretrial diversion program established under this division shall be brought before
a court of competent jurisdiction and shall satisfy each of the following requirements: (1)
Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior
to entering into any agreement or seeking entry into a pretrial diversion program created
pursuant to this division, an offender must be represented by counsel or waive his or her
right to have counsel before a judge of a court of competent jurisdiction. If the offender
is indigent, nothing in this division shall prevent the court from appointing counsel to represent
an offender. (c) An offender who enters a pretrial diversion program pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.5.htm - 1K - Match Info - Similar pages

12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when
he or she is approved for a pretrial diversion program established under this division. 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 Sciences assessments,
drug, alcohol, or anger management treatments required by law, restitution, or 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 administration fee shall be determined by the district attorney.
The administration fees shall not exceed the amount assessed for a first offense pursuant
to Section 13A-12-281(a) for each case for which the offender makes application for
acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access
into the pretrial diversion program based solely on his or her inability to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.8.htm - 5K - Match Info - Similar pages

45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (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 the
periods of limitation established by relevant statutes or rules of court. (3) Agree, in writing,
to the conditions of the pretrial diversion program established by the prosecutor for the
offender. (4) Agree, in writing, to pay restitution, if any, due to the victim within a specified
period of time and in an amount to be determined by the municipal court taking into account
circumstances of the offender and victim. Any restitution collected under this subsection
shall be made payable to and disbursed by the clerk of the municipal court. (5) Provide a
statement, written and signed by the offender, to the municipal prosecutor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.05.htm - 2K - Match Info - Similar pages

45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.03.htm - 1K - Match Info - Similar pages

45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or wellbeing of the community shall not be eligible for the program. An offender charged with
any of the following types of offenses without the express written consent of the victim shall
be ineligible for admittance: (1) Any offense involving violence or aggression resulting in
injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude
a law enforcement officer. (3) Any offense involving violence where a weapon was used or where
children are victims. (4) Any driving under the influence charge where serious physical injuries
are involved. (5) Any offense wherein the offender is a public official and the charge is
related to the capacity of the offender as a public official. (b) A...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages

45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages

45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the
following criminal offenses in a circuit court or district court may apply to the district
attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing
of controlled substances in the first degree as provided in Section 13A-12-218. (2)
A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that
a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a
commercial driver learner permit holder who is charged with a violation of a traffic law in
this state shall not be eligible for a deferred prosecution program, diversion program, or
any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.22.htm - 2K - Match Info - Similar pages