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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45-42-82.48
Section 45-42-82.48 Collection and disposition of funds. (a) Application fees required by this
subpart shall be collected by the appropriate circuit or district court clerk of the Thirty-ninth
Judicial Circuit. The fees shall be disbursed to the appropriate court clerk, the Limestone
County Children's Advocacy Center, the Limestone County Family Resource Center, and the Limestone
County District Attorney's Solicitor's Fund, as allocated by Section 45-42-82.47, and as other
costs and fees are disbursed to the Limestone County District Attorney's Solicitor's Fund.
(b) All fees paid by offenders which are disbursed by the court clerk to the office of the
district attorney shall be used to pay costs associated with the administration of the pretrial
diversion program or for other law enforcement purposes deemed necessary by the district attorney.
(Act 2012-360, p. 892, § 9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.48.htm - 1K - Match Info - Similar pages

45-2-81.49
Section 45-2-81.49 Pre-Trial Intervention Fund. The district attorney shall establish a Pre-Trial
Intervention Fund. All fees paid by offenders as set out in this subpart to the district attorney
shall be placed into the Pre-Trial Intervention Fund. The district attorney shall use the
funds to pay costs associated with the administration of the Pre-Trial Intervention Program
or for other law enforcement purposes. Costs associated with program administration shall
include, but shall not be limited to, salaries, rent, vehicles, telephones, postage, office
supplies and equipment, training and travel services, service contracts, and professional
services. The district attorney may pay for services or programs for an offender while the
offender is in the Pre-Trial Intervention Program if special circumstances and justice dictate.
(Act 97-692, p. 1045, §10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-81.49.htm - 1K - Match Info - Similar pages

45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any condition
of the pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender in the program and pursue
criminal charges against the offender. The offender shall be given written notice of the intent
of the district attorney to terminate him or her from the pretrial diversion program, including
the reason for the termination. Upon removal from the program, the offender will be deemed
to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart,
any fees paid for the admission into the pretrial diversion program. (b) The district attorney
may waive a violation for good cause shown why the offender should stay in the pretrial diversion
program. (Act 2009-460, p. 802, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.31.htm - 1K - Match Info - Similar pages

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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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community 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 or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
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, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages

12-17-226.13
her staff shall have no liability, criminal or civil, for the conduct of any offender while
participating in a pretrial diversion program established under this division or of any service
provider or its agents that are contracted to or who have agreed to provide services to the
pretrial diversion program. (b) Absent wantonness, negligence, or intentional misconduct,
the district attorney, or his or her staff or its officers or employees, shall have no liability,
criminal or civil, for any injury or harm to the offender while the offender is a participant
in any pretrial diversion program administered pursuant to this division. The district attorney
may require written agreed upon waivers of liability as a prerequisite for admittance into
the pretrial diversion program. (c) Absent an agreement which includes the consent of the
county commission, the sheriff, and the district attorney, neither the county nor the sheriff
shall have any responsibility for a pretrial diversion program...
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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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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) The offender is 18 years of age or older
at the time the offense was committed. (2) There is a probability justice will be served if
the offender is placed in the pretrial diversion program. (3) It is determined the needs of
the community 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
or law enforcement. (5) The offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of
the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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