15-5-65
Section 15-5-65 Disposition of proceeds. (a) Unless by other agreement of the primary law enforcement
agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first,
for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses
of seizure, maintenance of or custody, advertising, prosecution, and court costs. The remaining
proceeds from the sale or distribution shall be awarded by the court pursuant to recommendation
of the prosecutorial entity on a pro rata share to the participating law enforcement agencies,
the prosecutorial entity that pursued the action, and as payment of restitution to any victims
of the underlying offense. Any proceeds from sales authorized by this section awarded by the
court to a county or municipal law enforcement agency shall be deposited into the respective
county or municipal general fund and made available to the appropriate law enforcement agency
upon requisition of the chief law enforcement...
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45-27-82.24
Section 45-27-82.24 Program requirements; records. (a) An offender who enters an intervention
program shall satisfy each of the following requirements: (1) Waive, in writing, and contingent
upon the successful completion of the program, his or her right to a speedy trial. (2) Agree,
in writing, to the tolling, while in the program, of periods of limitations established by
statute or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (4) If there is a victim of the crime, agree
in writing to a restitution agreement within a specified period of time and in an amount to
be determined by the district attorney taking into account all circumstances of the offender
and victim. (b) Pretrial diversion program records or records related to pretrial diversion
program admission shall not be admissible in subsequent proceedings, criminal or civil, and
communications between pretrial diversion program counselors and...
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45-45-83.44
Section 45-45-83.44 Agreement required of offender in program. (a) An offender who enters an
intervention program shall: (1) Waive, in writing, and contingent upon his or her successful
completion of the program his or her right to a speedy trial. (2) Agree, in writing, to the
tolling, while in the program, of periods of limitations established by statute or rules of
court. (3) Agree, in writing, to the conditions of the intervention program established by
the district attorney. (4) In the event there is a victim of the crime agree, in writing,
to a restitution agreement within a specified period of time and in an amount to be determined
by the district attorney taking into account all circumstances of the offender and victim.
(b) Pretrial intervention records or records related to pretrial intervention admission shall
not be admissible in subsequent proceedings, criminal or civil, and communications between
pretrial intervention counselors and defendants shall be privileged unless a...
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45-17-232
Section 45-17-232 Day reporting system. (a) This section shall be applicable only in Colbert
County. (b) Any person who has been committed to the county jail in Colbert County under a
criminal sentence imposed by the Circuit or District Court of Colbert County, and who has
been released on a suspended sentence shall report to the probation office of Colbert County.
The probation officer at his or her discretion shall require the person to report at regular
intervals, for the sole purpose of the collection of court costs, fines, and other penalties
and fees assessed against the convicted person by the probation officer. (c) The probation
officers of Colbert County, Alabama, shall remit fines, assessments, court costs, and restitution
assessed against the persons to the Colbert County Circuit Clerk. The probation officers shall
be allowed to charge the convicted persons a day reporting fee of 20 percent of the net weekly
income of the person and may charge a minimum of ten dollars ($10)...
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45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program
shall: (1) Waive, in writing, and contingent upon the successful completion of the program,
his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program,
of periods of limitations established by statute or rules of court. (3) Agree, in writing,
to the conditions of the Pre-Trial Intervention Program established by the district attorney.
(4) Provide a statement as to the involvement in the crime charged which shall be admissible
in any criminal trial. (5) If there is a victim of the crime, agree in writing to a restitution
agreement within a specified period of time and in an amount to be determined by the district
attorney taking into account all circumstances of the offender and victim. (b) Pre-Trial Intervention
Program records or records related to Pre-Trial Intervention Program admission, except for
the statement of the applicant concerning his or her...
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45-2-84.18
Section 45-2-84.18 Fund surplus. If, at the end of any calendar year, there remains a surplus
in the Baldwin County Community Corrections Fund, the surplus may be held by the Baldwin County
Pretrial Release and Community Corrections Board to be used to expand the provisions of this
part or be paid over to the General Fund of Baldwin County Commission at the discretion of
the Baldwin County Pretrial Release and Community Corrections Board to be used to expand the
services provided to defendants and victims in the criminal justice system, including, but
not limited to, the sheriff, the district attorney's office, the law library, or any funds
for the benefit of the court, court facilities, and equipment for indigent defense. (Act 2005-135,
p. 229, §19.)...
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45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) The offender shall
be eligible for and shall sign to have any bond on his or her case where diversion is sought
based on personal recognizance, cash, or a property bond and not a security bond. (2) Voluntarily
waive, in writing, and contingent upon the successful completion of the program, his or her
right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (4) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (5) If there is a
victim of the crime, agree in writing to a restitution agreement 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 victim. (6) A statement by the...
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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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15-20A-16
Section 15-20A-16 Adult sex offender - Contact with former victims. (a) No adult sex offender
shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic
means, any former victim. (b) No adult sex offender shall knowingly come within 100 feet of
a former victim. (c) No sex offender shall make any harassing communication, directly or indirectly,
in person or through others, by phone, mail, or electronic means to the victim or any immediate
family member of the victim. (d) A petition to exclude an adult sex offender from the requirements
of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance
with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall
exclude an adult sex offender from the provisions of this section provided that: (1) The victim
appears in court at the time of the hearing and requests the exemption in writing in open
court. (2) The court finds by clear and...
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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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