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45-31-84.12
Section 45-31-84.12 Liability of city attorney, agency, or service provider. In no event shall
the city attorney or any other agency or service provider have any liability, criminal or
civil, for the conduct of any offender while participating in the pretrial diversion program
or for acceptance of an offender into the program. (Act 2013-343, p. 1205, §13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.12.htm - 669 bytes - Match Info - Similar pages
45-35A-56.11
Section 45-35A-56.11 Liability of city attorney, agency, or service provider. In no event shall
the city attorney or any other agency or service provider have any liability, criminal or
civil, for the conduct of any offender while participating in the pretrial diversion program
or for acceptance of an offender into the program. (Act 2012-445, p. 1248, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.11.htm - 670 bytes - Match Info - Similar pages
12-14-91
learner permit holder who is charged with a violation of a traffic law in this state shall
not be eligible for a pretrial diversion program pursuant to this article. (g) Absent wantonness,
gross negligence, or intentional misconduct, the municipality, or its officers or employees,
shall have no liability, criminal or civil, for the conduct of any offender while participating
in a pretrial diversion program established under this article or of any service provider
or its agents that are contracted to or who have agreed to provide services to the pretrial
diversion program. (h) The municipality, 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 article The municipal prosecutor
may require written agreed upon waivers of liability as a prerequisite for admittance into
the pretrial diversion program. (Act 2013-353, p. 1265, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-91.htm - 2K - Match Info - Similar pages
12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components;
drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial
circuit, with the consent of the district attorney of that judicial circuit, may establish
a drug court or courts, under which drug offenders shall be processed, to appropriately address
the identified substance abuse problem of the drug offender as a condition of pretrial release,
pretrial diversion, probation, jail, prison, parole, community corrections, or other release
or diversion from a correctional facility. The structure, method, and operation of each drug
court may differ and should be based upon the specific needs of and resources available to
the judicial district or circuit where the drug court is located, but shall be created and
operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme
Court. (2) Nothing in this chapter shall affect the...
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12-17-226.17
offender database. Any existing or newly created pretrial diversion program, regardless of
whether it was established by this division or created by local law, municipal ordinance,
or other administrative action, or is an existing district attorney or municipal pretrial
diversion program, shall be subject to this section. Upon entry into any pretrial diversion
program, the district attorney or municipal prosecutor shall submit information, including
the name, date of birth, and identifying personal vital information of a participating
offender. The district attorney or municipal prosecutor shall also submit the criminal statute
or municipal ordinance violated, a brief description of any underlying qualifying offense,
and a brief description of the agreed upon disposition of the offense. If the offender was
prematurely terminated from the program, a brief description of the reasons for the termination
shall be submitted for inclusion into the database. (b) Information in the database...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.46.htm - 5K - Match Info - Similar pages
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...
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12-17-226
PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice
of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition
by the district attorney of certain conditions of behavior and conduct for a specified period
of time upon the offender which would allow the offender to have his or her charges reduced,
dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during
the time frame set by the district attorney as provided in the agreement. (8) RESTITUTION.
As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary
cost incurred during the investigation or prosecution by a law enforcement agency or the district
attorney. (9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2. (10) SUPERVISION
FEE. Any fee other than the administration fee imposed by any agency providing supervision
or treatment of an offender. (Act 2013-361, p. 1290, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.htm - 2K - Match Info - Similar pages
45-35A-56
(15) of Section 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by existing law, which was allegedly committed within the corporate
limits or police jurisdiction of the City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM.
A program that allows the imposition by the city or by a designated agency of certain conditions
of behavior and conduct for a specified period of time upon an offender which allow the offender
to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should
all of the conditions be met during the time frame set by the city attorney. (7) SERIOUS PHYSICAL
INJURY. As defined in subdivision (14) of Section 13A-1-2. (8) SUPERVISION FEE. Any
fee other than the application fee imposed by any agency providing supervision of treatment
of the offender. (Act 2012-445, p. 1248, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.htm - 1K - Match Info - Similar pages
45-31-84.01
A municipality in Geneva County that has a municipal court, city attorney, and police department.
(6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any
misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly
committed in the corporate limits or police jurisdiction of the municipality. (7) PRETRIAL
DIVERSION PROGRAM or PROGRAM. A program that allows the imposition by the city or by a designated
agency of certain conditions of behavior and conduct for a specified period of time upon an
offender which allow the offender to have his or her charges reduced, dismissed without prejudice,
or otherwise mitigated should all of the conditions be met during the time frame set by the
city attorney. (8) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2(14). (9)
SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision
of treatment of the offender. (Act 2013-343, p. 1205, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.01.htm - 1K - Match Info - Similar pages
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