45-12-82.10
Section 45-12-82.10 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund to pay costs associated with the administration of the pretrial diversion
program and to pay those things earlier herein provided for or for other law enforcement or
criminal prosecution purposes. Costs associated with program administration shall include,
but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business
attire, telephones, communication equipment, postage, office supplies and equipment, training
and travel expenses, service contracts, and professional services. At the discretion of the
district attorney, after considering an offender's reduced or inability to pay, the district
attorney may pay for services or programs for an offender out of pretrial diversion program
funds while the offender is in the pretrial diversion program, if special...
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45-3-82.50
Section 45-3-82.50 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund to pay costs associated with the administration of the pretrial diversion
program and to pay those things earlier herein provided for or for other law enforcement or
criminal prosecution purposes. Costs associated with the program administration shall include,
but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business
attire, telephones, communication equipment, postage, office supplies and equipment, training
and travel expenses, service contracts, and professional services. At the discretion of the
district attorney, after considering an offender's reduced or inability to pay, the district
attorney may pay for services or programs for an offender out of pretrial diversion program
funds while the offender is in the pretrial diversion program if special...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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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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45-45-83.42
Section 45-45-83.42 Standards of eligibility. (a) Intervention shall be appropriate where:
(1) The offender is 18 years of age or older at the time the alleged offense was committed.
(2) There is a likelihood justice will be served if the offender is placed in an intervention
program. (3) It is determined the needs of the state and of the offender can be met through
the PTIP. (4) The offender poses no substantial 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. (b) The district attorney
may waive any of the foregoing where justice or special circumstances dictate. (Act 94-392,
p. 645, § 3.)...
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45-7-82.30
Section 45-7-82.30 Pretrial diversion program fund. The district attorney shall establish a
pretrial diversion program fund. The district attorney shall use the funds to pay costs associated
with the administration of the pretrial diversion program, to pay those things earlier provided
for in this subpart, or for other law enforcement or criminal prosecution purposes. Costs
associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, professional or business attire, telephones, communication equipment,
postage, office supplies and equipment, training and travel expenses, service contracts, and
professional services. At the discretion of the district attorney, the district attorney may
consider the reduced or inability of an offender to pay and may pay for services or programs
for an offender out of pretrial diversion program funds while the offender is in the pretrial
diversion program if special circumstances and justice...
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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or her staff shall have
no liability, criminal or civil, for the conduct of any offender while participating in a
pretrial diversion program established under this division or of any service provider or its
agents that are contracted to or who have agreed to provide services to the pretrial diversion
program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney,
or his or her staff 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 division. The district attorney may require
written agreed upon waivers of liability as a prerequisite for admittance into the pretrial
diversion program. (c) Absent an agreement which includes the consent...
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45-23-82.10
Section 45-23-82.10 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. The district attorney shall use the funds in the pretrial
diversion program fund to pay costs and expenses associated with the administration of the
pretrial diversion program or for other purposes contained in other pretrial diversion programs
in this state. 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. The pretrial diversion program fund
shall be subject to audit every two years, in accordance with state law, by the Examiners
of Public Accounts. In years not subject to audit, the district attorney...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or other self-improvement or self-help program on
an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal
prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program of the offender and require other terms and conditions related
to substance abuse, domestic violence, or the offense charged as the municipal prosecutor
may direct. (c) The offender shall pay the costs of all services unless otherwise approved
by the municipal court after considering the offender's ability to pay. (Act 2010-578, p.
1275, §9.)...
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45-17-81.20
Section 45-17-81.20 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund 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, uniforms, professional
or business attire, 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 2007-332, p. 588, §11.)...
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