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45-37A-240.29
Section 45-37A-240.29 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-240.29.htm - 3K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.21.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.15.htm - 1K - Match Info - Similar pages
45-18-81.25
Section 45-18-81.25 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 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-18-81.25.htm - 1K - Match Info - Similar pages
45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention
program shall: (1) 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 statute or rules of court. (3) Agree,
in writing, to the conditions of the Pre-Trial Intervention Program established by the district
attorney. (4) Provide a statement as to the involvement in the crime charged which shall be
admissible in any criminal trial. (5) 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 all circumstances of the offender and victim.
(b) Pre-Trial Intervention Program records or records related to Pre-Trial Intervention Program
admission, except for the statement of the applicant concerning his or her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-81.44.htm - 1K - Match Info - Similar pages
45-28-82.27
Section 45-28-82.27 Costs and fees. (a) An offender may be assessed an application fee
when he or she is approved for the program. 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 Science assessments, drug, alcohol, or anger management treatments
required by law, restitution, 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 application
fee shall be determined by the district attorney and may not exceed the following amounts
for each case for which the offender makes application for acceptance into the pretrial diversion
program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses:
Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the
pretrial diversion program based solely on his or her inability to pay....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.27.htm - 2K - Match Info - Similar pages
45-3-82.45
Section 45-3-82.45 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) While in the program, agree, in writing, to the tolling of periods
of limitations 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 pay restitution, if any, due the victim 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) The district attorney's pretrial diversion program
records, along with the records relating to pretrial diversion programs admission, are confidential
records and shall not be admissible in subsequent proceedings, criminal or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.45.htm - 1K - Match Info - Similar pages
45-34-82.05
Section 45-34-82.05 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 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-34-82.05.htm - 1K - Match Info - Similar pages
45-39-82.07
Section 45-39-82.07 Costs and fees. (a) An offender may be assessed an application fee
when he or she is approved for the program. 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 Science assessments, drug, alcohol, or anger management treatments
required by law, restitution, 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 application
fee shall be determined by the district attorney and may not exceed the following amounts
for each case for which the offender makes application for acceptance into the pretrial diversion
program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses:
Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the
pretrial diversion program based solely on his or her inability to pay....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.07.htm - 2K - Match Info - Similar pages
45-4-83.05
Section 45-4-83.05 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 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-83.05.htm - 1K - Match Info - Similar pages
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