12-23-15
Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund - Established fee;
sanctions for failure to remit fees. The Indigent Offender Alcohol and Drug Treatment Trust
Fund is hereby established and created as a separate fund in the State Treasury. Such fund
shall provide for payment to eligible alcohol and drug treatment programs for treatment and
rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the
State Treasury to the credit of such fund pursuant to this chapter and all moneys received
for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative
appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts
and approved by the Supreme Court shall be collected from each offender. The fee shall be
collected by the court referral officer by the tenth day of each month. The State Treasurer
shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust...
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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the diversion program. (3) It is determined the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no threat to the safety and well-being of the community. (5) It appears the offender is not
likely to be involved in further criminal activity. (6) The offender will likely respond to
rehabilitative treatment. (7) The offender has never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older if the offense is a traffic citation, at the time the
alleged 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 state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and well-being of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to
opt into this division. (a) A district attorney, to the extent practicable, may enter into
an agreement with a community correction entity, to utilize the services of existing community
corrections programs established pursuant to Section 15-18-170, or faith based community programs,
which are certified by the Alabama Department of Mental Health, to provide for the supervision
of defendants participating in a pretrial diversion program established under this division.
The district attorney may enter into an agreement with a drug court entity to utilize the
services of existing certified drug court programs established pursuant to Section 12-23A-4,
provided that the district attorney determines it would serve the best interest of justice
and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11,
if, upon enactment of this legislation, a pretrial diversion...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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45-2-81.45
Section 45-2-81.45 Time for application. (a) An offender shall make application to the Pre-Trial
Intervention Program no later than 45 days after service of the warrant or within 21 days
following appointment of counsel for the charge for which the offender applies or at his or
her first court appearance. (b) In the discretion of the district attorney, the time provision
of this section may be waived. (Act 97-692, p. 1045, §6.)...
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45-27-82.25
Section 45-27-82.25 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 45 days after service of the warrant or within 21 days following
appointment of counsel for the charge for which the offender applies or at his or her first
court appearance. (b) In the discretion of the district attorney, the time provision of this
section may be waived. (Act 95-388, p. 791, §6.)...
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45-28-81.02
Section 45-28-81.02 Solicitor's fee. (a)(1) In all juvenile, traffic, criminal, and quasi-criminal
cases in the juvenile, district, circuit, and municipal courts in this state, a docket fee,
hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fees, when
collected, shall be distributed monthly as follows: Three dollars ($3) of the fees assessed
in each case shall be distributed to the Etowah County Law Library Fund, as prescribed by
law, and the remainder to the Solicitor's Fund or District Attorney's Fund in the county or
to the fund that may be hereafter prescribed by law for the solicitor's fee. The solicitor's
fee shall be in an amount equal to all docket fees or court costs which are assessed upon
an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund. (2)
In addition to the solicitor's fee, an additional fee of seven dollars ($7) shall be assessed
as court costs in each case to be distributed as follows: Two dollars...
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45-30-80
Section 45-30-80 Docket fee. (a) In all juvenile, traffic, criminal, and quasi-criminal cases
in the juvenile, district, circuit, and municipal courts in Franklin County, a docket fee,
hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fees, when
collected, shall be distributed monthly as follows: One dollar ($1) of the fees assessed in
each case shall be distributed to the office of the Circuit Clerk in Franklin County and the
remainder to the Solicitor's Fund or District Attorney's Fund in the county or to the fund
that may be hereafter prescribed by law for the solicitor's fee. The solicitor's fee shall
be in an amount equal to all docket fees or court costs which are assessed upon an adjudication
of guilt in a criminal case and distributed to the Fair Trial Tax Fund. The solicitor's fee
provided in this section is imposed pursuant to the authority granted in Amendment 418 of
the Constitution of Alabama of 1901, now appearing as Official Recompilation...
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following circumstances: (1) The offender is 18 years of
age or older at the time the alleged offense was committed; 16 years of age or older if the
offense is a traffic violation. (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 state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and wellbeing of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in the state. (8) The offender has no prior
felony convictions. (9) The offender does not hold a commercial...
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