45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of the periods of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the prosecutor for the offender. (4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period of time and in an amount to be determined by the municipal court taking into account circumstances of the offender and victim. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written and signed by the offender, to the municipal prosecutor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.05.htm - 2K - Match Info - Similar pages
45-29-82.69
Section 45-29-82.69 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 shall 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. 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-fourth 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-29-82.69.htm - 2K - Match Info - Similar pages
45-34-82.09
Section 45-34-82.09 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 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 Twentieth 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 district...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-34-82.09.htm - 2K - Match Info - Similar pages
45-37A-160.07
Section 45-37A-160.07 Fees. (a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participation in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the city prosecutor. (b) The following application fees shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300). (c) The application fees required by this article shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.07.htm - 2K - Match Info - Similar pages
45-37A-240.27
Section 45-37A-240.27 Fees. (a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participation in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the city prosecutor. (b) The following application fees shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300). (c) The application fees required by this subpart shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.27.htm - 2K - Match Info - Similar pages
45-4-83.09
Section 45-4-83.09 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 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 Fourth 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 district...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-83.09.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.29.htm - 3K - Match Info - Similar pages
45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense or violation as specified in this section within the jurisdiction of the municipal court may apply with the municipal prosecutor for admittance into the pretrial diversion program. (b) A person charged with any of the following may apply for admission into the program: (1) A traffic offense, other than driving under the influence. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified under this code. (7) A violation or offense classified under the Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense involving the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.02.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-83.48.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-5.htm - 4K - Match Info - Similar pages
|