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-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-270.29
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
45-37A-160.10
Section 45-37A-160.10 Violations. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city prosecutor may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement as a condition of continued participation. (b) The city prosecutor may waive a violation for good cause shown why the offender should stay in the program. (Act 2013-430, p. 1715, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.10.htm - 910 bytes - Match Info - Similar pages
45-37A-240.30
Section 45-37A-240.30 Violations. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city prosecutor may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement as a condition of continued participation. (b) The city prosecutor may waive a violation for good cause shown why the offender should stay in the program. (Act 2013-431, p. 1724, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.30.htm - 910 bytes - Match Info - Similar pages
45-37A-270.30
Section 45-37A-270.30 Violations. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city prosecutor may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement as a condition of continued participation. (b) The city prosecutor may waive a violation for good cause shown why the offender should stay in the program. (Act 2013-429, p. 1707, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.30.htm - 910 bytes - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.05.htm - 2K - Match Info - Similar pages
45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.03.htm - 1K - Match Info - Similar pages
45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or wellbeing of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b) A...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages
45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence where a weapon was used or where children are victims. (4) Any driving under the influence charge where serious physical injuries are involved. (5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official. (b)...
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