45-28-82.31
Section 45-28-82.31 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program, the district attorney may terminate the participation of the offender
in the program. 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.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2011-606, p. 1342, §12.)...
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45-3-82.51
Section 45-3-82.51 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. 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 2007-499, p. 1058, §12.)...
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45-39-82.11
Section 45-39-82.11 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program, the district attorney may terminate the participation of the offender
in the program. 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.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2011-651, p. 1661, §12.)...
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45-7-82.21
Section 45-7-82.21 Established; discretionary powers; supervision and control. (a) The district
attorney may establish a pretrial diversion program. (b) The district attorney shall retain
all discretionary powers endowed by the common law and provided for by statutes and acts of
this state or powers or discretion otherwise provided by law for the district attorney. (c)
The pretrial diversion program shall be under the direct supervision and control of the district
attorney and the district attorney may contract with any agency, person, or corporation for
services related to this subpart. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
2009-460, p. 802, §2.)...
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12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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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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45-16-82.20
Section 45-16-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twelfth Judicial Circuit of Alabama may establish a pretrial diversion program.
(b) All discretionary powers endowed by the common law and provided for by statutes and acts
of this state or powers or discretion otherwise provided by law for the District Attorney
of the Twelfth Judicial Circuit shall be retained. (c) The pretrial diversion program shall
be under the direct supervision and control of the district attorney and the district attorney
may contract with any agency, person, or corporation for services related to this subpart.
The district attorney may employ necessary persons to accomplish this subpart and these persons
shall serve at the pleasure of the district attorney. (Act 2005-145, p. 249, §1.)...
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45-17-81.21
Section 45-17-81.21 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district
attorney may waive a violation for good cause shown as to why the offender should stay in
the pretrial diversion program. (Act 2007-332, p. 588, §12.)...
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45-18-81.20
Section 45-18-81.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Thirty-fifth Judicial Circuit may establish a pretrial diversion program.
(b) All discretionary powers endowed by the common law and provided for by statutes and acts
of this state or powers or discretion otherwise provided by law for the District Attorney
of the Thirty-fifth Judicial Circuit shall be retained. (c) The pretrial diversion program
shall be under the direct supervision and control of the district attorney and the district
attorney may contract with any agency, person, or corporation for services related to this
division. The district attorney may employ necessary persons to accomplish this division and
these persons shall serve at the pleasure of the district attorney. (Act 2004-478, p. 884,
§1.)...
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45-18-81.31
Section 45-18-81.31 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district
attorney may waive a violation for good cause shown as to why the offender should stay in
the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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