45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into the program, there shall be a written agreement between the municipal prosecutor 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 municipal prosecutor shall proceed to dispose of the charges against the offender or what charges the offender will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receive a recommended sentence, this agreement concerning the offense and recommended sentence shall be submitted to and shall be subject to the approval of the municipal judge prior to admission of the offender into the pretrial diversion program. (b) As a condition to being admitted into the pretrial diversion program, the municipal prosecutor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.09.htm - 4K - Match Info - Similar pages
45-39-82.10
Section 45-39-82.10 Disposition of funds. All fees paid to the district attorney by offenders pursuant to this part shall be paid into the District Attorney's Solicitor Fund. The funds shall be used to pay costs associated with the administration of the pretrial diversion program or for any other law enforcement purpose. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, telephones, postage, office supplies and equipment, training and travel services, service contracts, or 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 2011-651, p. 1661, ยง11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.10.htm - 1K - Match Info - Similar pages
12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under program. (a) A person charged with a criminal offense under the jurisdiction of the municipal court in a municipality that has established a pretrial diversion program may apply to the court for admittance to the program. (b) Upon receipt of the application and recommendation of the municipal prosecutor, the judge shall determine whether to grant the individual admittance to the program. (c) Upon admittance to the program, the individual shall be required to enter a plea of guilty at which time the case shall be placed in an administrative docket until such time as the offender has completed all requirements of the pretrial diversion program. Imposition of any sentence shall be deferred until such time as the offender completes the pretrial diversion program or is terminated from the program. (d) In the event the offender does not satisfactorily complete the program and all terms thereof, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-91.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218. (2) A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.22.htm - 2K - Match Info - Similar pages
45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218. (2) A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.02.htm - 2K - Match Info - Similar pages
12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision or treatment. A schedule of payments for any of these fees may be established by the district attorney. (b) The amount of the administration fee shall be determined by the district attorney. The administration fees shall not exceed the amount assessed for a first offense pursuant to Section 13A-12-281(a) for each case for which the offender makes application for acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.8.htm - 5K - Match Info - Similar pages
12-17-226.11
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall be allocated to the district attorney's office. At the discretion of the district attorney, all administration fees paid by the offender pursuant to this division may either be paid to the district attorney, to be placed in the District Attorney's Solicitor Fund, or if the district attorney and the clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the District Attorney's Solicitor Fund. In the event that the district attorney elects to have the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing. (b) All fees paid to the district attorney pursuant to this division shall be paid into the District Attorney's Solicitor Fund and shall be used to pay costs associated with the administration of the pretrial diversion program or for any other law...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.11.htm - 1K - Match Info - Similar pages
45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense or violation as specified in this section within the jurisdiction of the municipal court may apply with the municipal prosecutor for admittance into the pretrial diversion program. (b) A person charged with any of the following may apply for admission into the program: (1) A traffic offense, other than driving under the influence. (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. (7) A violation or offense classified under the Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense involving the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.02.htm - 2K - Match Info - Similar pages
45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the assessment for participation in the program shall be in addition to any program supervision fees, court costs, and assessments for drug, alcohol, or anger treatments required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. It may be mandatory for the offender to pay all court costs for the offense charged. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigence, reduced ability to pay, or for other just cause at the discretion of the district attorney. The determination of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.27.htm - 4K - Match Info - Similar pages
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