45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, 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 attorney, 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 city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, 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 attorney, 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 city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.09.htm - 3K - Match Info - Similar pages

45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the
pretrial diversion program agreed to in writing by the offender, the municipal prosecutor
may terminate the participation of the offender in the pretrial diversion program and may
actively pursue the prosecution of the offender for the offense or offenses or violation or
violations charged. The offender shall be given written notice of the intent of the municipal
prosecutor to terminate him or her from the pretrial diversion program, including the reason
for termination. If removed from the program by the municipal prosecutor, the offender shall
be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees
paid in application for and admission into the pretrial diversion program. (b) At his or her
discretion, the municipal prosecutor may waive a violation for good cause shown as to why
the offender should be allowed to remain in the pretrial diversion program. (Act...
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12-17-226.15
under this division, the district attorney may form an advisory board within the county or
judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial Diversion,
for the purpose of assisting the district attorney in the determination of appropriate pretrial
diversion candidates. The district attorney shall retain the final decision as to the admittance
or denial of individuals into the pretrial diversion program, the fees, the guidelines of
the program, and any resources the pretrial diversion program utilizes. The district attorney
shall appoint all members of any advisory board and shall determine when or if it should meet.
The board shall be inclusive and reflect the racial, gender, geographic, urban and rural,
and economic diversity of the circuit. The advisory board shall serve without personal
profit, but may be paid from the District Attorney's Solicitor Fund for actual expenses incurred
in connection with its duties. (Act 2013-361, p. 1290, §16.)...
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45-42-82.43
program. Admittance into the pretrial diversion program is in the absolute discretion of the
district attorney. However, an offender deemed by the district attorney to be a threat to
the safety or well-being of the community shall not be eligible for the program. Further,
an offender charged with the following offenses shall be ineligible for admittance: (1) A
Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly
resulted in death or serious physical injury to a person. (3) An offense involving
the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving
violence in which the victim was a child under 14 years of age, a law enforcement officer,
a school officer, a correctional officer, active duty military personnel of the United States
Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in
which the victim was an employee of any school system which lies within the geographic...

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45-7-82.22
Applicants for admittance. (a) A person charged with a criminal offense specified in subsection
(b) whose jurisdiction is in the circuit or district court of the Second Judicial Circuit
of Alabama may apply to the district attorney for admittance to the pretrial diversion program.
(b) A person charged with any of the following offenses may apply for admission into the program:
(1) A traffic offense. (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, unless specifically excluded in this section. (6) A violation classified under
this code. (c) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Trafficking, distribution, or manufacturing of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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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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45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b)
An offender charged with any of the following offenses is ineligible for consideration for
the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) An offense involving violence in
which the victim was a child under 14 years of age, a law enforcement officer, a school officer,
a correctional officer, active duty military personnel of the United States military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
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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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45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) An offense involving violence in which the
victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional
officer, active duty military personnel of the United States military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
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