45-37A-240.25
Section 45-37A-240.25 Admission into program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation process of the city prosecutor, the city prosecutor may require the offender to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric treatment or care prescribed or received, psychological tests taken, and any other information concerning the offender which the city prosecutor believes has a bearing on the decision whether or not the offender should be admitted to the program. (b) The city prosecutor may require the offender to submit to any type of test or evaluation process or interview the city prosecutor deems appropriate in evaluating the offender for admittance into the program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart. The offender...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.25.htm - 1K - Match Info - Similar pages
45-37A-270.24
Section 45-37A-270.24 Standards for admittance. (a) The city prosecutor may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state, city, and of the offender can be met through the program. (3) The offender appears to pose no substantial threat to the safety and well-being of the community. (4) It appears the offender is not likely to be involved in further criminal activity if the offender complies with all conditions imposed pursuant to the program. (5) The offender will likely respond to rehabilitative treatment or counseling. (6) The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender. (b) The city prosecutor may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.24.htm - 1K - Match Info - Similar pages
45-37A-270.25
Section 45-37A-270.25 Admission into program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation process of the city prosecutor, the city prosecutor may require the offender to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric treatment or care prescribed or received, psychological tests taken, and any other information concerning the offender which the city prosecutor believes has a bearing on the decision whether or not the offender should be admitted to the program. (b) The city prosecutor may require the offender to submit to any type of test or evaluation process or interview the city prosecutor deems appropriate in evaluating the offender for admittance into the program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart. The offender...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.25.htm - 1K - Match Info - Similar pages
45-27A-30.04
Section 45-27A-30.04 Admission into program. (a) Prior to being admitted into the pretrial diversion program or as a part of the evaluation process, an offender may be required by the municipal prosecutor to furnish information concerning his or her past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the municipal prosecutor believes may have a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program. (b) The municipal prosecutor may require the offender to submit to any type of test or evaluation process or interview that the municipal prosecutor deems appropriate in evaluating the offender for admittance in the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided by this part. (Act 2010-578, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.04.htm - 1K - Match Info - Similar pages
45-27A-30.03
Section 45-27A-30.03 Standards for admission. (a) Admittance of an offender into the pretrial diversion program shall be appropriate if all of the following requirements are met: (1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense or violation was committed. (2) There is a probability that justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined that the needs of the city and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose 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. (7) The offender has no previous record of committing the offense or offenses or violation or violations with which he or she is charged. (b) The municipal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.03.htm - 1K - 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
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) If the offender is 18 years of age or older at the time the offense was committed. (2) There is a probability justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined the needs of the community and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial diversion program. (8) Undue hardship upon the victim. (9) Whether the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages
|