Code of Alabama

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45-37A-270.29
Section 45-37A-270.29 Terms and conditions. (a) Upon acceptance of an offender into
the pretrial diversion program by the city prosecutor, the city prosecutor and the offender
shall submit the written application of the offender, the acceptance of the offender by the
city prosecutor, and the agreement between the city prosecutor and the offender to the municipal
court judge presiding over the affected case of the offender for approval. The offender shall
also enter a plea of guilty to the charge or charges involved. If the municipal court judge
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall still be liable for
any actual expenses already incurred by the city prosecutor or any agency or service provider
in furtherance of the application and evaluation process and the same shall be deducted from
any money so refunded to the offender. (b) Upon approval of the agreement and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.29.htm - 3K - Match Info - Similar pages

45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the
pretrial diversion program by the city judge, the city attorney and the offender shall submit
the written application of the offender together with the statement of facts of the offender,
the acceptance of the offender by the city judge, and the agreement between the city attorney
and the offender to the court presiding over the affected case of the offender for the approval
of the court. The offender shall also enter a plea of guilty to the charge or charges involved.
If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction
of the application fee shall be refunded to the offender. The offender shall remain liable
for any actual expenses already incurred by the probation officer or any agency or service
provider in furtherance of the application and evaluation process and the same will be deducted
from any money so refunded to the offender. (b) Upon approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.28.htm - 3K - Match Info - Similar pages

45-17-81.17
Section 45-17-81.17 Costs and fees. (a) An applicant shall pay a nonrefundable application
fee of one hundred fifty dollars ($150). 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, and are in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Pretrial diversion program
fees as established by this subpart may be waived or reduced for just cause at the discretion
of the district attorney. A schedule of payments for any of these fees may be established
by the district attorney. (b) The following nonrefundable fees shall be applied to applicants
accepted into the pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty
dollars ($750), plus a supervision fee of up to fifty dollars ($50) per month. If the offense
is a drug-related offense, then the following nonrefundable fees...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.17.htm - 3K - Match Info - Similar pages

45-27-82.29
Section 45-27-82.29 Pretrial diversion fund. The district attorney shall establish a
Pretrial Diversion Fund. All fees paid by offenders as set out in this subpart to the district
attorney shall be placed into the Pretrial Diversion Fund. The district attorney shall use
the funds to pay costs associated with the administration of the pretrial diversion 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 pretrial diversion program if special circumstances and justice dictate.
(Act 95-388, p. 791, §10.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.29.htm - 1K - Match Info - Similar pages

45-39-82.10
Section 45-39-82.10 Disposition of funds. All fees paid to the district attorney by
offenders pursuant to this part shall be paid into the District Attorney's Solicitor Fund.
The funds shall be used to pay costs associated with the administration of the pretrial diversion
program or for any other law enforcement purpose. Costs associated with program administration
shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, telephones,
postage, office supplies and equipment, training and travel services, service contracts, or
professional services. The district attorney may pay for services or programs for an offender
while the offender is in the pretrial diversion program if special circumstances and justice
dictate. (Act 2011-651, p. 1661, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.10.htm - 1K - Match Info - Similar pages

45-37A-160.06
Section 45-37A-160.06 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor 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, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.06.htm - 4K - Match Info - Similar pages

45-37A-240.26
Section 45-37A-240.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor 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, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.26.htm - 4K - Match Info - Similar pages

45-37A-270.26
Section 45-37A-270.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor 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, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.26.htm - 4K - Match Info - Similar pages

45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge
to admit the offender into the pretrial diversion program, but prior to entry, 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, all of the following:
(1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to
the tolling, while in the program, of periods of limitations established by statutes or rules
of court. (3) An agreement to the conditions of the program established by the city attorney
(4) If there is a victim of the charged crime, an agreement to the restitution repayment within
a specified period of time and in an amount to be determined by the city attorney taking into
account circumstances of the offender and the victim. (5) A waiver in writing of the right
of the offender to a jury trial. (6) A truthful and complete statement by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.25.htm - 5K - Match Info - Similar pages

45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into the program, there shall be a written agreement between
the municipal prosecutor 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 municipal
prosecutor shall proceed to dispose of the charges against the offender or what charges the
offender will plead guilty to and the recommended disposition of the matter. If, as a part
of the pretrial diversion program, the offender agrees to plead guilty to a particular offense
and receive a recommended sentence, this agreement concerning the offense and recommended
sentence shall be submitted to and shall be subject to the approval of the municipal judge
prior to admission of the offender into the pretrial diversion program. (b) As a condition
to being admitted into the pretrial diversion program, the municipal prosecutor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.09.htm - 4K - Match Info - Similar pages

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