45-7-82.29
Section 45-7-82.29 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
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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45-2-81.01
Section 45-2-81.01 Powers of investigators. Investigators in the office of the District Attorney
of the Twenty-eighth Judicial Circuit, composed of Baldwin County, who hold a current certification
from the Alabama Peace Officers' Standards and Training Commission, may make arrests and serve
search warrants in the performance of their official duties to the same extent as deputy sheriffs
are authorized and empowered to make arrests and serve search warrants in the county. (Act
2007-255, p. 342, §1.)...
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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...
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45-35-232.32
Section 45-35-232.32 Houston County Work Release and Pretrial Release Commission. (a) There
is created the Houston County Work Release and Pretrial Release Commission, hereinafter called
the commission. The commission shall be composed of seven persons, including the following:
The Sheriff of Houston County, the District Attorney of the Twentieth Judicial Circuit, the
presiding judge of the circuit, the presiding district court judge, one associate district
court judge appointed by the presiding district court judge, the Chair of the Houston County
Commission or another Houston County Commissioner appointed by the chair, and the Clerk of
the Circuit Court of Houston County. The chair of the commission shall be elected by the commission
from among its membership annually at its first meeting of each calendar year. (b) The commission
shall implement this subpart and generally supervise and administer the functions pursuant
to this subpart, subject to the duly promulgated rules of court....
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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...
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45-45-233.35
Section 45-45-233.35 Madison County Work Release and Pretrial Release Commission. (a) There
is hereby created a body to be known as the Madison County Work Release and Pretrial Release
Commission, hereinafter called the commission. The commission shall be composed of eight persons,
including the following: The Sheriff of Madison County, the District Attorney of the Twenty-third
Judicial Circuit, a circuit judge from the Twenty-third Judicial Circuit to be appointed by
the presiding judge of the circuit, a judge of the District Court of Madison County to be
appointed by the presiding district court judge in Madison County, a person appointed by the
Madison County Commission, a person appointed by the City Council of the City of Huntsville,
the Circuit Court Clerk of Madison County, and one court administrator of the Twenty-third
Judicial Circuit. (b) The commission shall have the duty to implement this subpart and to
generally superintend all administrative functions pursuant hereto,...
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45-9-82.27
Section 45-9-82.27 Costs and fees. (a) An applicant may be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this subpart may be waived or reduced for just cause at the discretion of the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses, up to one thousand dollars ($1,000). (2)
Misdemeanor offenses, excluding traffic, up to five hundred dollars ($500). (3) Traffic offenses,
up to three hundred dollars ($300). (c) The district attorney may use...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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12-17-220
Section 12-17-220 Powers of district attorneys as to employment, compensation, etc., of assistants,
investigators, etc., to serve at district attorney's pleasure; such employees not covered
by State Merit System Act; supplementation of state expenditures, etc., by counties. (a) The
district attorney of each judicial circuit is hereby authorized to employ, in any manner as
he or she shall determine necessary, assistant district attorneys, investigators, clerical,
secretarial, and other personnel, who shall be paid from funds available for that purpose.
Unless otherwise provided by local law for Talladega County, all of these employees shall
serve at the pleasure of the district attorney and shall not be considered employees under
the State Merit System Act. (b) The district attorney is authorized to supplement the salaries
of personnel employed within his or her office. (c) The district attorney is authorized to
use funds available to him or her from all sources such as grants,...
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45-32-81.20
Section 45-32-81.20 Investigators. (a) The District Attorney of the Seventeenth Judicial Circuit
composed of Marengo, Greene, and Sumter Counties may appoint a chief investigator and, from
time to time, additional investigators. The chief investigator and any additional investigators
shall serve at the pleasure of the district attorney. The chief investigator and any additional
investigators shall meet the minimum standards for law enforcement officers and hold a current
certification from the Alabama Peace Officers' Standards and Training Commission. (b) The
chief investigator and any additional investigators shall have the same powers and authorities
as deputy sheriffs and other law enforcement officers in this state. The investigators shall
be paid in the same manner as other employees in the district attorney's office. The investigators
shall be responsible to the district attorney and shall perform duties as assigned by the
district attorney. (Act 2009-352, p. 675, §§1, 2.)...
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