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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
45-4-83.05
Section 45-4-83.05 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) Agree, in writing, to the tolling, while in the program, 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 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. (b) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-83.05.htm - 1K - Match Info - Similar pages
45-9-82.25
Section 45-9-82.25 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) 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. Communications between pretrial diversion program counselors...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.25.htm - 1K - Match Info - Similar pages
12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.12.htm - 1K - Match Info - Similar pages
45-31-84.08
Section 45-31-84.08 Fees. (a) An offender may be assessed a nonrefundable application fee when
the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city attorney. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Driving under the influence (DUI):
Five thousand dollars ($5,000). (2) Domestic violence offenses: One thousand five hundred
dollars ($1,500). (3) Other misdemeanor offenses: Seven hundred fifty dollars ($750). (4)
Traffic offenses not including DUI: Five hundred dollars ($500). (5)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.08.htm - 2K - Match Info - Similar pages
45-35A-56.07
Section 45-35A-56.07 Fees. (a) An offender may be assessed a nonrefundable application fee
when the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city attorney. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Driving under the influence (DUI):
Five thousand dollars ($5,000). (2) Domestic violence offenses: One thousand five hundred
dollars ($1,500). (3) Other misdemeanor offenses: Seven hundred fifty dollars ($750). (4)
Traffic offenses not including DUI: Five hundred dollars ($500). (5)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.07.htm - 2K - Match Info - Similar pages
45-37A-160.07
Section 45-37A-160.07 Fees. (a) An offender may be assessed a nonrefundable application fee
when the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this article shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.07.htm - 2K - Match Info - Similar pages
45-37A-240.27
Section 45-37A-240.27 Fees. (a) An offender may be assessed a nonrefundable application fee
when the offender is approved for the pretrial diversion program. The amount of the assessment
for participation in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this subpart shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.27.htm - 2K - Match Info - Similar pages
45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider an offender
for the pretrial diversion program based on any of the following circumstances: (1) There
is a probability justice will be served if the offender is placed in the program. (2) It is
determined the needs of the state and of the offender can be met through the program. (3)
The offender appears to pose no substantial threat to the safety and well-being of the community.
(4) It appears the offender is not likely to be involved in further criminal activity. (5)
The offender will likely respond to rehabilitative treatment or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, ยง 5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.44.htm - 1K - Match Info - Similar pages
45-45A-31.26
Section 45-45A-31.26 Fees. (a) An offender may be assessed a nonrefundable application fee
when the offender is approved for the pretrial diversion program. The amount of the assessment
for participating in the program shall be in addition to any court costs, fees, and assessments
for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug,
alcohol, or anger management treatment required by law, and any costs of supervision, treatment,
and restitution for which the offender may be responsible. A schedule of payments for any
of these fees may be established by the city council in amounts to be determined by the city
council in its sole discretion. (b) The application fees, as determined by the city council,
shall be applied to the following offenses: (1) Driving under the influence (DUI). (2) Theft
of property in the third degree. (3) Other misdemeanor offenses as determined by the city
council. (c) The application fee shall be allocated to the general...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.26.htm - 2K - Match Info - Similar pages
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