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45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth
Judicial Circuit may apply to the District Attorney of the Twelfth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for admission into the program: (1) A traffic offense, other than driving under
the influence (DUI), or a traffic offense charged to a commercial driver license holder, whether
or not the holder was operating a commercial motor vehicle at the time of the offense. (2)
A property offense. (3) An offense wherein the victim did not receive serious physical injury.
(4) An offense in which the victim was not a child under 14 years of age, a law enforcement
officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (6) A violation classified...
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45-29-82.62
Section 45-29-82.62 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-fourth Judicial Circuit may apply to the District Attorney of the Twenty-fourth Judicial
Circuit for admittance to the pretrial diversion program. A person charged with any of the
following offenses may apply for the program: (1) A drug offense, as provided in Section 12-23-5.
(2) A property offense, including, but not limited to, theft in any degree and burglary in
any degree. (3) An offense wherein the victim did not receive serious physical injury. (4)
An offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than a traffic or conservation
offense. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Any Class A felony. (2) Any offense...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
municipality as a condition precedent to participating in a pretrial diversion program. (2)
CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the city
attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT OFFICER.
As defined in Section 36-25-1(15), whether employed in the this state or elsewhere. (5) MUNICIPALITY.
A municipality in Geneva County that has a municipal court, city attorney, and police department.
(6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any
misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly
committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL
DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-35A-56
Section 45-35A-56 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
City of Dothan as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal staff employed by
the city attorney. (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 this state or elsewhere. (5) OFFENDER. Any person charged with a criminal offense including,
but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing
law, which was allegedly committed within the corporate limits or police jurisdiction of the
City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition
by the city or by a designated agency of certain conditions of behavior...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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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...
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45-14-233
Section 45-14-233 Law enforcement authority of community corrections director and employees.
(a) The Director of the Clay County Community Corrections Program and employees of the program
shall constitute law enforcement officers of the State of Alabama with authority to make arrests
and serve arrest and search warrants in the performance of their official duties to the same
extent as deputy sheriffs are authorized and empowered in the counties, so long as he or she
holds a current certification from the Alabama Peace Officers' Standards and Training Commission.
The powers of arrest under this section shall be limited to investigations and arrests involving
criminal acts committed at facilities of the program and acts committed by persons under their
supervision which constitute a violation of supervision or the commission of a criminal offense.
The program director or any community corrections employee with law enforcement authority
may arrest any person under his or her supervision...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (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, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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45-45A-31.20
Section 45-45A-31.20 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 Huntsville as a condition precedent to participation in a pretrial diversion program.
(2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City of Huntsville
or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City Council of the
City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position by the City
Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision (1) of Section
41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether
employed in this state or elsewhere. (8) OFFENDER. Any person charged with a criminal offense
including, but not limited to, any misdemeanor, violation, or traffic offense, as defined
by existing law, which was allegedly committed in the...
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45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney
may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the
assessment for participation in the program shall be in addition to any program supervision
fees, court costs, and assessments for drug, alcohol, or anger treatments required by law,
the district attorney, or the court, and are in addition to costs of supervision, treatment,
and restitution for which the pretrial diversion admittee may be responsible. It may be mandatory
for the offender to pay all court costs for the offense charged. Pretrial diversion program
fees as established by this subpart may be waived or reduced due to indigence, reduced ability
to pay, or for other just cause at the discretion of the district attorney. The determination
of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of...
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