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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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45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following
meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment
program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of
the following: a. A controlled substance, a drug or other substance for which a medical prescription
or other legal authorization is required for purchase, or any isomer, salt, optical isomer,
or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution,
use, or possession is forbidden by law. c. A substance otherwise legal to possess, including,
but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful
substances which are abused. (4) PARTICIPANT. A person who has been approved for participation
in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE.
An offense or charge as defined in...
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12-23A-5
pretrial release or probation. (e) Unless otherwise ordered by the court, the drug test results
and screening of a drug offender shall be provided as soon as practical after the initial
appearance of the drug offender before the drug court team, or other appropriate authority
in the case of an inmate. (f) The screening shall include recommendations concerning the drug
offender's need for a needs or risk assessment. (g) Anyone receiving drug test results, a
screening, an assessment, or other personal medical information shall maintain that
information in accordance with federal and state confidentiality laws. (h) A court shall immediately
consider ordering a drug offender to participate in drug court if all of the following apply:
(1) A screening reveals that a drug offender is a substance abuser, and the court recommends
that the drug offender participate in drug court. (2) The court has reason to believe that
participation in drug court will benefit the drug offender by addressing his...
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15-20A-27
whether the conduct of the juvenile sex offender was found to be characterized by repetitive
and compulsive behavior. (4) Whether psychological or psychiatric profiles indicate a risk
of recidivism. (5) The relationship between the juvenile sex offender and the victim. (6)
The particular facts and circumstances surrounding the offense. (7) The level of planning
and participation in the offense. (8) Whether the offense involved the use of a weapon, violence,
or infliction of serious bodily injury. (9) The number, date, and nature of prior offenses.
(10) The response to treatment of the juvenile sex offender. (11) Recent behavior, including
behavior while confined or while under supervision in the community. (12) Recent threats against
persons or expressions of intent to commit additional crimes. (13) The protection of society.
(14) Any other factors deemed relevant by the court. (b) If the sentencing court determines
that the juvenile sex offender shall be subject to notification,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-27.htm - 4K - Match Info - Similar pages
45-1-82.09
Section 45-1-82.09 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
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the offender...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.09.htm - 3K - Match Info - Similar pages
45-12-82.09
Section 45-12-82.09 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
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.09.htm - 3K - Match Info - Similar pages
45-16-82.29
Section 45-16-82.29 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
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.29.htm - 3K - Match Info - Similar pages
45-45A-31.25
defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this
subpart. (15) To observe curfews or home detention or travel constraints as set out in agreement
signed by the offender. (16) To have restitution, court costs, fees, child support, and any
other moneys withheld or garnished from the wages or salary of the offender or withheld from
any Alabama income tax due the offender, or from any available insurance policy, or forfeited
from any other real or personal property of the offender, and applied to the above.
(17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis
or receive other treatment alternatives for substance abuse. (18) To submit to periodic or
random drug testing as part of the program and other terms and conditions related to substance
abuse as the city attorney may direct. (19) To waive in writing the right of the offender
to a probation hearing in the event of termination or withdrawal from...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.25.htm - 5K - Match Info - Similar pages
32-5-171
Section 32-5-171 Arrest without warrant; issuance of traffic citation. (a) A law enforcement
officer as defined in Section 36-21-40, may arrest, at the scene of a traffic accident, any
driver of a vehicle involved in the accident if upon personal investigation, including
information from eyewitnesses, the officer has reasonable grounds to believe that the person
by violating Section 32-5A-191 contributed to the accident. He or she may arrest such a person
without a warrant although he or she did not personally see the violation. (b) A law enforcement
officer, as defined in Section 36-21-40, subsequent to a traffic accident, may issue a traffic
citation to a driver of a vehicle involved in the accident when, based on personal
investigation, the officer has prima facie evidence demonstrating grounds to believe that
the person has committed any offense under Chapter 5, 5A, 6, 7, or 7A of Title 32. (Acts 1971,
No. 1942, p. 3137; Acts 1983, 2nd Ex. Sess., No. 83-201, p. 379; Act 2016-292,...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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