45-27-82.26
Section 45-27-82.26 Costs and fees. (a) An applicant may be assessed a fee of not more than
one thousand dollars ($1,000) when the applicant is approved for the program. The amount of
the assessment for participation in the program shall be set from time to time by the district
attorney. The assessment shall be in addition to any court costs and assessments for victims
or drug or alcohol treatment required by law, and is in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. Fees may be waived by
the district attorney because of circumstances relating to a specific offender and the financial
status of the offender. A schedule of payments for any of these fees may be established by
the district attorney. (b) Fees collected pursuant to this section shall be deposited by the
district attorney into the District Attorney's Fund and used for law enforcement as provided
by law. (Act 95-388, p. 791, §7; Act 2006-202, p. 300, §1; Act 2006-222,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.26.htm - 1K - Match Info - Similar pages

45-42-82.48
Section 45-42-82.48 Collection and disposition of funds. (a) Application fees required by this
subpart shall be collected by the appropriate circuit or district court clerk of the Thirty-ninth
Judicial Circuit. The fees shall be disbursed to the appropriate court clerk, the Limestone
County Children's Advocacy Center, the Limestone County Family Resource Center, and the Limestone
County District Attorney's Solicitor's Fund, as allocated by Section 45-42-82.47, and as other
costs and fees are disbursed to the Limestone County District Attorney's Solicitor's Fund.
(b) All fees paid by offenders which are disbursed by the court clerk to the office of the
district attorney shall be used to pay costs associated with the administration of the pretrial
diversion program or for other law enforcement purposes deemed necessary by the district attorney.
(Act 2012-360, p. 892, § 9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.48.htm - 1K - Match Info - Similar pages

45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement,
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.25.htm - 2K - Match Info - Similar pages

45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.05.htm - 2K - Match Info - Similar pages

45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - 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

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages

45-28-82.30
Section 45-28-82.30 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this subpart shall be paid into the District Attorney's Solicitor Fund. The district
attorney shall disburse 10 percent to the Sheriff of Etowah County to be deposited into the
Law Enforcement Fund, and 10 percent, if the Sixteenth Judicial Circuit has one, to an approved
child advocacy center. The remainder of 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 division program
if special circumstances and justice dictate. (Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.30.htm - 1K - Match Info - Similar pages

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

45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the decision
of the city attorney to admit the offender into the pretrial diversion program, but prior
to entry, the city attorney 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 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.07.htm - 5K - Match Info - Similar pages