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45-3-82.51
Section 45-3-82.51 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. 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 2007-499, p. 1058, ยง12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.51.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.09.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.29.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.11.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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.01.htm - 2K - Match Info - Similar pages
45-37A-160.07
Section 45-37A-160.07 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 participation 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 prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this article shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.07.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.21.htm - 2K - Match Info - Similar pages
45-37A-240.27
Section 45-37A-240.27 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 participation 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 prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this subpart shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.27.htm - 2K - Match Info - Similar pages
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