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
as defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to
this part. (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...
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12-17-226.6
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 investigative expenses, agree
in writing to a specific restitution agreement to be paid within a specified period of time
and in an amount to be determined by the district attorney. (5) Agree in writing to the jurisdiction
of the court beyond completion of any disposition of the case, end of sentence, or conclusion
of the pretrial diversion program to enforce collection of restitution,...
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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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15-18-171
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
The board shall maximize case supervision practices such that no probation and parole officer
is assigned more than 20 active high-risk cases at any one time. Supervision and treatment
of probationers and parolees shall include the following: (1) Use of a validated risk and
needs assessment; (2) Use of assessment results to guide the appropriate level of supervision
responses consistent with the level of supervision and evidence-based practices used to reduce
recidivism; (3) Collateral and personal contacts with the probationer or parolee and
community that may be unscheduled and that shall occur as often as needed based on the probationer's
or parolee's supervision level, which, in turn, should be based on risk of reoffense as determined
through a validated risk and needs assessment. Such contacts shall serve the purpose of keeping
supervising officers informed of the probationer's or parolee's conduct, compliance with conditions,
and progress in community-based intervention; (4)...
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