45-37A-240.24
Section 45-37A-240.24 Standards for admission. (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...
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45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, the city attorney and the offender shall submit the written
application of the offender together with the statement of facts of the offender, the acceptance
of the offender by the city judge, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
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 remain liable for any
actual expenses already incurred by the probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
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 remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
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 remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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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...
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45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the decision
of the city attorney to admit the offender into the pretrial diversion program, but prior
to entry, the city attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender
to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city attorney. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city attorney taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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15-18-171
Section 15-18-171 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS
AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for
the establishment of community punishment and corrections programs, the granting of funds
for programs authorized herein, and the monitoring, evaluation, and review of programs funded
herein. (2) BOARD. The board of directors of the authority or the board of directors of a
nonprofit entity. (3) COMMISSIONER. The Commissioner of the Department of Corrections. (4)
COMMUNITY. The county or counties comprising one or more judicial circuits. (5) COMMUNITY
PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions
of this article. (6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as
an alternative to incarceration and maintained by a county commission or an...
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15-22-24
Section 15-22-24 Board of Pardons and Paroles - Duties retirement of parole officers; representation
of applicant by state official; supervision and treatment; training requirements. (a) The
Board of Pardons and Paroles, hereinafter referred to as "the board," shall be charged
with the duty of determining, through use of a validated risk and needs assessment as defined
in Section 12-25-32, what prisoners serving sentences in the jails and prisons of the State
of Alabama may be released on parole and when and under what conditions. Such board shall
also be charged with the duty of supervising all prisoners released on parole from the jails
or prisons of the state and of lending its assistance to the courts in the supervision of
all prisoners placed on probation by courts exercising criminal jurisdiction and making such
investigations as may be necessary in connection therewith, of implementing the use of validated
risk and needs assessments as defined in Section 12-25-32 by probation...
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