Code of Alabama

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45-45A-31.26
Section 45-45A-31.26 Fees. (a) An offender may be assessed a nonrefundable application fee
when the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city council in amounts to be determined by the city
council in its sole discretion. (b) The application fees, as determined by the city council,
shall be applied to the following offenses: (1) Driving under the influence (DUI). (2) Theft
of property in the third degree. (3) Other misdemeanor offenses as determined by the city
council. (c) The application fee shall be allocated to the general...
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12-17-226.11
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall be allocated
to the district attorney's office. At the discretion of the district attorney, all administration
fees paid by the offender pursuant to this division may either be paid to the district attorney,
to be placed in the District Attorney's Solicitor Fund, or if the district attorney and the
clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the
District Attorney's Solicitor Fund. In the event that the district attorney elects to have
the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor
Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing. (b)
All fees paid to the district attorney pursuant to this division shall be paid into the District
Attorney's Solicitor Fund and shall be used to pay costs associated with the administration
of the pretrial diversion program or for any other law...
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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
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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, ยง 12.)...
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15-18-115
Section 15-18-115 Restitution; schedule of payment; disposition of unclaimed, etc., funds.
When an inmate is placed in the Supervised Intensive Restitution program, and has been ordered
by a court of this state to make restitution to his victim, it shall be made a condition of
his participation in the program that he make restitution payments to the victim until the
restitution is paid in full. Where restitution to the victim has not been ordered by a court
of this state as part of an inmate's sentence, the commissioner may require, as a condition
of the inmate's participation in the program, that the inmate agree to an amount of restitution
to be paid to the victim through the circuit clerk of the county where the crime was committed
which amount shall be set by the commissioner. Any funds not paid out or which are unclaimed
after 12 months shall be transferred by the circuit clerk having custody thereof to the State
General Fund. The supervising correctional officer will see that a...
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15-20A-26
Section 15-20A-26 Juvenile sex offender - Treatment; risk assessment. (a) Upon adjudication
of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex
offender treatment by a sex offender treatment program or provider approved by the Department
of Youth Services. (b) Upon completion of sex offender treatment, the juvenile sex offender
shall be required to undergo a sex offender risk assessment. The treatment provider shall
provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and
the juvenile probation office not less than 60 days prior to the projected release of the
juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised
access to the public or immediately upon completion of the risk assessment if the juvenile
sex offender is not in a facility where the juvenile sex offender does not have unsupervised
access to the public. (c) Upon receiving the risk assessment, the juvenile...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the diversion program. (3) It is determined the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no threat to the safety and well-being of the community. (5) It appears the offender is not
likely to be involved in further criminal activity. (6) The offender will likely respond to
rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged 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 state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and well-being of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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