Code of Alabama

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45-39-82.03
Section 45-39-82.03 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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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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45-28-82.32
Section 45-28-82.32 Liability. The district attorney or his or her staff shall have no liability,
criminal or civil, for the conduct of any offender while participating in the pretrial diversion
program or of any service provider or their agents that are contracted to or who have agreed
to provide services to the pretrial diversion program. (Act 2011-606, p. 1342, §13.)...
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45-39-82.12
Section 45-39-82.12 Liability. The district attorney or his or her staff shall have no liability,
criminal or civil, for the conduct of any offender while participating in the pretrial diversion
program or of any service provider or their agents that are contracted to or who have agreed
to provide services to the pretrial diversion program. (Act 2011-651, p. 1661, §13.)...
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45-42-82.47
Section 45-42-82.47 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 or 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 district attorney. (b) The amount of the application
fee shall be established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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45-1-82.07
Section 45-1-82.07 Cost and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this subpart may be waived or reduced due to indigency or reduced ability
to pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or fee reduction shall be made by the district attorney. A schedule of payments for any of
these fees may be established by the district attorney. (b) Except as...
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45-12-82.07
Section 45-12-82.07 Costs and fees. (a) An applicant may be assessed a fee to be established
by the district attorney when the applicant is approved for the program. The amount of the
assessment for participation in the program shall be in addition to any court costs and assessments
for victims or drug, alcohol, or anger management treatment required by law, the district
attorney, or the court, and are in addition to costs of supervision, treatment, and restitution
for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees
as established by this part may be waived or reduced due to indigency or reduced ability to
pay or for other just cause at the discretion of the district attorney. The determination
of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of payments for any of these
fees may be established by the district attorney. (b) Except as herein...
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45-28-82.27
Section 45-28-82.27 Costs and fees. (a) An offender may be assessed an application fee when
he or she is approved for the program. The amount of the fee for participation in the program
shall be in addition to any court costs, assessments for crime victim's compensation fund,
Department of Forensic Science assessments, drug, alcohol, or anger management treatments
required by law, restitution, costs of supervision, or treatment. A schedule of payments for
any of these fees may be established by the district attorney. (b) The amount of the application
fee shall be determined by the district attorney and may not exceed the following amounts
for each case for which the offender makes application for acceptance into the pretrial diversion
program: (1) Felony offenses: Up to nine hundred dollars ($900). (2) Misdemeanor offenses:
Up to seven hundred fifty dollars ($750). (c) An applicant may not be denied access into the
pretrial diversion program based solely on his or her inability to pay....
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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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45-35A-56.06
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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