45-9-82.29
Section 45-9-82.29 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 sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receives a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. The district
attorney may recommend that the court withhold adjudication of guilt or...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the
decision of the district attorney to admit the offender into the pretrial diversion program,
but prior to entry, the district 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, the following: (1) A voluntary waiver of the offender's
right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods
of limitations established by statute or rules of court. (3) An agreement to the conditions
of the program established by the district attorney. (4) If there is a victim of the charged
crime, an agreement to a restitution repayment within a specified period of time and in an
amount to be determined by the district attorney taking into account circumstances of the
offender and the victim. (5) A waiver in writing of the offender's right to a jury...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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45-37A-160.01
Section 45-37A-160.01 Definitions. For the purposes of this article, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Fultondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Fultondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Fultondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal...
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45-37A-240.21
Section 45-37A-240.21 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Hoover as a condition precedent to participation in a pretrial diversion program.
(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Hoover Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Hoover duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Hoover in accordance with
Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense, including,
but...
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45-37A-270.21
Section 45-37A-270.21 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Irondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Irondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Irondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Irondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense,...

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45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a Pre-Trial Intervention Program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
following: (1) The terms of the Pre-Trial Intervention Program. (2) The length of the program.
(3) 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. (4)
The sentence the offender will receive. If as part of the Pre-Trial Intervention Program,
the offender agrees to plead guilty to a particular offense and receive a specific sentence,
this agreement concerning the offense and sentence shall be approved by an appropriate circuit
or district judge of the Twenty-eighth Judicial Circuit prior to admission of the offender
in the Pre-Trial Intervention Program. (b) As a condition of being admitted to...
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45-27-82.28
Section 45-27-82.28 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 sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate Circuit or District Judge of the Twenty-first
Judicial Circuit prior to admission of the offender in the pretrial diversion program. (b)
As a condition of being admitted to the pretrial diversion program, the...
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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a)
In any case in which an offender is admitted into a PTIP there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
intervention 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 shall plead guilty to and the sentence the offender shall receive. In
all cases where as part of the PTIP the offender agrees to plead guilty to a particular offense
and receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one
of the following minimum criteria shall be considered eligible for punishment in the community
under this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior.
In reaching this determination, the court may consider prior convictions and other acts not
resulting in conviction or criminal charges, and the offender's behavior while in state or
county confinement. (c) The eligibility criteria established in this section shall
be interpreted as guidelines for the benefit of the court in making a determination of...

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