13A-6-127
Section 13A-6-127 Defenses. (a) It shall not be a defense to prosecution under this article:
(1) That an undercover operative or law enforcement officer was involved in the detection
and investigation of an offense; or (2) That a meeting as described in this article did not
occur. (b) An owner or operator of a computer on-line service, weblog, Internet service, or
Internet bulletin board service shall not be liable for facilitating the on-line solicitation
of a child for permitting an undercover operative or law enforcement officer to use an on-line
service to detect and investigate unlawful activity related to the on-line solicitation of
a child. (Act 2009-745, p. 2233, §8.)...
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45-2-81.41
Section 45-2-81.41 Eligibility. (a) A person charged with a criminal offense specified in this
subsection whose jurisdiction is in the circuit or district court of the Twenty-eighth Judicial
Circuit of Alabama may apply to the District Attorney of the Twenty-eighth Judicial Circuit
for admittance to the Pre-Trial Intervention Program. The district attorney may allow a person
charged with a drug offense to apply for admittance to the Pre-Trial Intervention Program.
No person charged with a Class A felony or a crime that involved serious injury to a person
or death shall be eligible for pre-trial intervention. (b) Any person deemed by the district
attorney to be a threat to the safety or well-being of the community shall not be eligible
for the Pre-Trial Intervention Program. This section shall not apply if the district attorney
determines the elements of the offense do not fit the charges filed. (Act 97-692, p. 1045,
§2.)...
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45-2-81.46
Section 45-2-81.46 Costs and fees. An applicant for the Pre-Trial Intervention Program on each
charge shall pay a nonrefundable application fee of an amount not exceeding the cost of court
charged offense at the time the offense is charged. The assessment shall be in addition to
any court costs and assessments for victims or drug or alcohol treatment required by law,
and are in addition to costs of supervision, treatment, and restitution for which the person
may be responsible. In addition to the application fee, the offender shall pay an administration
and supervision fee not to exceed twenty-five dollars ($25) per week during the time that
the offender is in the Pre-Trial Intervention Program. Fees may be waived by the district
attorney or a schedule of payments for any of the abovementioned fees may be established by
the district attorney. The fees set out in this section are maximum and may in the discretion
of the district attorney be reduced because of circumstances relating to a...
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45-27-82.22
Section 45-27-82.22 Standards for admission. (a) Diversion shall be appropriate if: (1) The
offender is 18 years of age or older at the time the alleged offense was committed. (2) There
is a likelihood 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 poses no substantial 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. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 95-388, p. 791, §3.)...
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45-45-83.42
Section 45-45-83.42 Standards of eligibility. (a) Intervention shall be appropriate where:
(1) The offender is 18 years of age or older at the time the alleged offense was committed.
(2) There is a likelihood justice will be served if the offender is placed in an intervention
program. (3) It is determined the needs of the state and of the offender can be met through
the PTIP. (4) The offender poses no substantial 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. (b) The district attorney
may waive any of the foregoing where justice or special circumstances dictate. (Act 94-392,
p. 645, § 3.)...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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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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12-23-15
Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund - Established fee;
sanctions for failure to remit fees. The Indigent Offender Alcohol and Drug Treatment Trust
Fund is hereby established and created as a separate fund in the State Treasury. Such fund
shall provide for payment to eligible alcohol and drug treatment programs for treatment and
rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the
State Treasury to the credit of such fund pursuant to this chapter and all moneys received
for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative
appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts
and approved by the Supreme Court shall be collected from each offender. The fee shall be
collected by the court referral officer by the tenth day of each month. The State Treasurer
shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust...
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15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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