45-37A-270.26
Section 45-37A-270.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor and the offender shall enter into a written agreement stating the conditions of
the participation of the offender in the program. The agreement shall include, but not be
limited to, all of the following: (1) A voluntary waiver of the right of the offender to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) An agreement to the conditions of the program
established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement
to the restitution repayment within a specified period of time and in an amount to be determined
by the city prosecutor taking into account circumstances of the offender and the victim. (5)
A waiver in writing of the right of the offender to a jury trial....
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45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge
to admit the offender into the pretrial diversion program, but prior to entry, the offender
shall enter into a written agreement stating the conditions of the participation of the offender
in the program. The agreement shall include, but not be limited to, all of the following:
(1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to
the tolling, while in the program, of periods of limitations established by statutes or rules
of court. (3) An agreement to the conditions of the program established by the city attorney
(4) If there is a victim of the charged crime, an agreement to the restitution repayment within
a specified period of time and in an amount to be determined by the city attorney taking into
account circumstances of the offender and the victim. (5) A waiver in writing of the right
of the offender to a jury trial. (6) A truthful and complete statement by...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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45-2-81.47
Section 45-2-81.47 Substance abuse treatment program; drug testing. The district attorney
and the offender may enter into an agreement as a part of the Pre-Trial Intervention Program
of an offender that the offender be admitted to a drug or alcohol program on an in-patient
or out-patient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the Pre-Trial Intervention Program of the offender and other terms and conditions related
to substance abuse as the district attorney may direct. The offender shall pay the costs of
all services unless otherwise agreed. (Act 97-692, p. 1045, §8.)...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender
may be admitted into a pretrial diversion program established under this division, it shall
be appropriate for the district attorney to consider any of the following circumstances: (1)
If the offender is 18 years of age or older at the time the 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 community and of the offender can be met through
the pretrial diversion program. (4) The offender appears to pose no substantial threat to
the safety and well-being of the community or law enforcement. (5) The offender is not likely
to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial
diversion program. (8) Undue hardship upon the victim. (9) Whether the...
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45-28-82.24
Section 45-28-82.24 Admission into program. (a) Admittance into the pretrial diversion
program shall be in the sole discretion of the district attorney. To assist the district attorney
in the decision to admit the offender into the pretrial diversion program, the district attorney,
prior to the offender being admitted into the pretrial diversion program or as a part of the
district attorney's evaluation process, may require an offender to furnish to the district
attorney information concerning past criminal history, education history, work history, family
history, medical or psychiatric treatment history, psychological tests, or any other information
concerning the offender which the district attorney believes is applicable to determine whether
the offender should be admitted into the pretrial diversion program. (b) The district attorney
may require the offender to submit to any test or evaluation process the district attorney
deems appropriate in evaluating the offender for admittance...
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45-39-82.04
Section 45-39-82.04 Admission into program. (a) Admittance into the pretrial diversion
program shall be in the sole discretion of the district attorney. To assist the district attorney
in the decision to admit the offender into the pretrial diversion program, the district attorney,
prior to the offender being admitted into the pretrial diversion program or as a part of the
district attorney's evaluation process, may require an offender to furnish to the district
attorney information concerning past criminal history, education history, work history, family
history, medical or psychiatric treatment history, psychological tests, or any other information
concerning the offender which the district attorney believes is applicable to determine whether
the offender should be admitted into the pretrial diversion program. (b) The district attorney
may require the offender to submit to any test or evaluation process the district attorney
deems appropriate in evaluating the offender for admittance...
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45-12-82.09
Section 45-12-82.09 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 or what charges the defendant will plead guilty to and the recommended sentence the
offender is suggested to receive. If, as part of the pretrial diversion program, the offender
agrees to plead guilty to a particular offense and to be subjected to receive a recommended
specific sentence, this agreement concerning the offense and suggested or recommended sentence,
or both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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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...
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