Code of Alabama

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45-37A-160.07
Section 45-37A-160.07 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, 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 city prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this article shall be...
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45-37A-240.27
Section 45-37A-240.27 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, 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 city prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this subpart shall be...
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45-42-82.43
Section 45-42-82.43 Ineligibility for 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...
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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...
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45-7-82.29
Section 45-7-82.29 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 or what charges the defendant will plead guilty to and the recommended sentence the
offender should receive. (b) As a condition of being admitted to the pretrial diversion program,
the district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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45-9-82.22
Section 45-9-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of
the Fifth Judicial Circuit may apply to the District Attorney of the Fifth Judicial Circuit
for admittance to the pretrial diversion program. (b) A person charged with any of the following
offenses may apply for 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 other than one specifically excluded in this
section. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense. (4) Any Class A...
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12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution
Services shall develop and maintain a pretrial diversion 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...
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13A-6-181
Section 13A-6-181 Fines; counseling or educational training programs; pretrial diversion
program. (a)(1) Notwithstanding any other fines, restitution, court costs, or docket fees,
upon conviction for the offense of promoting prostitution under Division 1 of Article 3 of
Chapter 12, or a violation of subsection (b) or (d) of Section 13A-12-121, a mandatory
fine of five hundred dollars ($500) shall be assessed. The court shall order the five hundred
dollar ($500) fine to be paid to the clerk of court to be distributed to a court-certified
therapeutic counseling entity that provides education, treatment, and prevention counseling
to adult persons convicted of prostitution offenses. (2) Any fine imposed by the court for
a second or subsequent conviction under subdivision (1) shall increase by 50 percent for each
subsequent conviction through a fourth conviction. (b) A court may order an adult person convicted
of an offense under Division 1 of Article 3 of Chapter 12 or subsection (b) or...
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45-1-82.02
Section 45-1-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the circuit or district court of
the Nineteenth Judicial Circuit 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 other than one 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 in or distribution of drugs. (2) Any offense
involving the abuse of a child or an elderly person. (3) Any sex...
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45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal
offense specified in this section whose jurisdiction is in the Circuit or District
Court of the Twelfth Judicial Circuit may apply to the District Attorney of the Twelfth Judicial
Circuit 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, other
than driving under the influence (DUI), or a traffic offense charged to a commercial driver
license holder, whether or not the holder was operating a commercial motor vehicle at the
time of the 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
other than one specifically excluded in this section. (6) A violation classified...

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