45-39-82.01
Section 45-39-82.01 Pretrial diversion program established; discretionary powers; supervision and control. (a) The district attorney may establish a pretrial diversion program within the Eleventh Judicial Circuit in Lauderdale County. (b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained. (c) The pretrial diversion program shall be under the direct supervision and sole control of the district attorney. (d) The district attorney may contract with any agency, person, or corporation for services related to this part and may employ persons necessary to accomplish this part, who shall serve at the pleasure of the district attorney. (Act 2011-651, p. 1661, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.01.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.13.htm - 1K - Match Info - Similar pages
45-1-82.01
Section 45-1-82.01 Establishment of pretrial diversion program; discretionary powers; supervision and control. (a) The district attorney may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the district attorney shall be retained. (c) The pretrial diversion program shall be under the direct supervision and control of the district attorney and the district attorney may contract with any agency, person, or corporation for services related to this part. The district attorney may employ necessary persons to accomplish this subpart and these persons shall serve at the pleasure of the district attorney. (Act 2006-89, p. 110, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.01.htm - 1K - Match Info - Similar pages
45-1-82.05
Section 45-1-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes 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 pay restitution, if any, due the victim 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. (5) Voluntarily execute in writing a permission to search and seize illegal contraband or substances. (b) The district attorney's pretrial diversion program records, along with the records...
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45-12-82.05
Section 45-12-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes 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 pay restitution, if any, due the victim 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. (5) Voluntarily execute in writing a permission to search and seize illegal contraband or substances. (b) The district attorney's pretrial diversion program records, along with the...
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45-16-82.25
Section 45-16-82.25 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the tolling of periods of limitations established by statutes 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 pay restitution, if any, due the victim 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. (b) The district attorney's pretrial diversion program records, along with the records relating to pretrial diversion programs admission, are confidential records and shall not be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.25.htm - 1K - Match Info - Similar pages
45-23-82.03
Section 45-23-82.03 Standards for admission. 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 that the needs of the state and the offender can be met through the pretrial diversion program. (4) The offender appears to pose no substantial 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. (Act 2005-130, p. 215, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.03.htm - 1K - Match Info - Similar pages
45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the municipal prosecutor may terminate the participation of the offender in the pretrial diversion program and may actively pursue the prosecution of the offender for the offense or offenses or violation or violations charged. The offender shall be given written notice of the intent of the municipal prosecutor to terminate him or her from the pretrial diversion program, including the reason for termination. If removed from the program by the municipal prosecutor, the offender shall be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees paid in application for and admission into the pretrial diversion program. (b) At his or her discretion, the municipal prosecutor may waive a violation for good cause shown as to why the offender should be allowed to remain in the pretrial diversion program. (Act...
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45-3-82.45
Section 45-3-82.45 Program requirements. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, agree, in writing, to the tolling of periods of limitations by statutes 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 pay restitution, if any, due the victim 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. (b) The district attorney's pretrial diversion program records, along with the records relating to pretrial diversion programs admission, are confidential records and shall not be admissible in subsequent proceedings, criminal or...
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12-23A-6
Section 12-23A-6 Assessments and recommendations; treatment services. (a) As part of the assessment, each jurisdiction shall establish a system to ensure that drug offenders are placed into a substance abuse treatment program approved by the Department of Mental Health. To accomplish this, the entity conducting the assessment should make specific recommendations to the drug court team regarding the level of treatment program and duration necessary so that the individualized needs of a drug offender may be addressed. These assessments and resulting recommendations shall be performed by a certified or licensed alcohol and drug professional in accordance with the criteria certified by the Department of Mental Health, Substance Abuse Services Division. Treatment recommendations accepted by the court, pursuant to this chapter, shall be deemed to be reasonable and necessary. (b) An adequate continuum of care for drug offenders shall be established in response to this chapter. (c) The drug...
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