Code of Alabama

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12-23A-8
Section 12-23A-8 Transfers between drug courts. Any drug court in this state may transfer to
or accept transfer from any other drug court in this state, as well as any drug court in any
other state which is a part of the Interstate Compact for Adult Offender Supervision, any
drug offender for admission into the respective drug court program based upon the residence
of the drug offender. All terms and conditions of the transfer and supervision shall be clearly
stated, in writing, and shall not be valid unless agreed to, in writing, by all of the following:
(1) The drug offender. (2) The defense attorney. (3) The judge and prosecutor of the transferring
drug court. (4) The judge and prosecutor of the receiving drug court. (Act 2010-754, p. 1909,
§8.)...
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16-23-16.2
Section 16-23-16.2 Criminal history background check for teacher preparation program applicants.
(a) Each two-year and four-year institution of higher education in the state shall require
each applicant for admission to a teacher preparation program to complete a criminal history
background information check as a part of the initial application process. (b) The criminal
history background information check shall be administered in a manner prescribed by the institution
of higher education that is consistent with the Alabama Child Protection Act of 1999, and
rules promulgated by the State Department of Education. (c) Any publication of an institution
of higher education, that describes the requirements for or application process for a teacher
preparation program offered by the institution, shall also inform prospective students of
the requirements of this section. (Act 2009-628, p. 1926, §1.)...
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45-37A-160.11
Section 45-37A-160.11 Liability for conduct of offender. In no event shall the city prosecutor
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, unless the event was foreseeable. (Act 2013-430, p. 1715, §12.)...

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45-37A-240.31
Section 45-37A-240.31 Liability for conduct of offender. In no event shall the city prosecutor
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, unless the event was foreseeable. (Act 2013-431, p. 1724, §12.)...

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45-37A-270.31
Section 45-37A-270.31 Liability for conduct of offender. In no event shall the city prosecutor
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, unless the event was foreseeable. (Act 2013-429, p. 1707, §12.)...

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45-27A-30.05
Section 45-27A-30.05 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 the periods
of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to
the conditions of the pretrial diversion program established by the prosecutor for the offender.
(4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period
of time and in an amount to be determined by the municipal court taking into account circumstances
of the offender and victim. Any restitution collected under this subsection shall be made
payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written
and signed by the offender, to the municipal prosecutor...
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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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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (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 under this code. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
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