45-1-82.03
Section 45-1-82.03 Standards for admission. (a) 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 the needs of the state and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no threat to the safety and well-being 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. (7) The offender has never been granted pretrial diversion or participated in any similar program in any court in any state. (8) The offender has no prior misdemeanor or felony convictions. (b) The district attorney may waive any of...
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45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a Pre-Trial Intervention Program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the following: (1) The terms of the Pre-Trial Intervention Program. (2) The length of the program. (3) 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. (4) The sentence the offender will receive. If as part of the Pre-Trial Intervention Program, the offender agrees to plead guilty to a particular offense and receive a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate circuit or district judge of the Twenty-eighth Judicial Circuit prior to admission of the offender in the Pre-Trial Intervention Program. (b) As a condition of being admitted to...
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45-34-82.07
Section 45-34-82.07 Costs and fees. (a) An applicant shall 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 part 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 eight hundred fifty dollars ($850). (2) Misdemeanor offenses, excluding traffic: up to five hundred dollars ($500). (3) Traffic offenses: up to three hundred dollars ($300). (4) Violations: up to two...
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45-27A-30.07
Section 45-27A-30.07 Costs and fees. (a) An applicant may be assessed a nonrefundable application fee of not more than one hundred dollars ($100) when applying for admittance into the program. The amount of this application fee shall be set from time to time by the municipal court. The application fee shall be in addition to the program fee, court costs, and other allowable costs listed in subsection (b). (b) An offender may be assessed a fee when the offender is approved for admittance into the program. The amount of the assessment for participation in the program shall be in addition to all of the following: (1) The application fee set forth herein. (2) Any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the municipal prosecutor, or the municipal court. (3) Any costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. (c) Pretrial diversion program fees as established by this...
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45-45-83.44
Section 45-45-83.44 Agreement required of offender in program. (a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon his or her 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 intervention program established by the district attorney. (4) In the event 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 intervention records or records related to pretrial intervention admission shall not be admissible in subsequent proceedings, criminal or civil, and communications between pretrial intervention counselors and defendants shall be privileged unless a...
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45-27A-30.01
Section 45-27A-30.01 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) CITY. The City of Brewton, Alabama. (2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose is to protect people. This may include, but is not limited to, police personnel, a correctional officer, coroner, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether that agency or department is located in the State of Alabama or elsewhere. (3) MUNICIPAL COURT. The Municipal Court of the City of Brewton. (4) MUNICIPAL PROSECUTOR. The municipal prosecutor of the City of Brewton or any attorney authorized by the mayor to act in that capacity. (5) OFFENDER. Any person charged with a crime under this code or the Municipal Code of the City of Brewton, which crime was allegedly committed within the jurisdiction of...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of all of the following: a. A circuit judge appointed by the board. b. The district attorney or his or her designee. c. A public defender or member of the criminal defense bar appointed by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator. f. A representative from the corrections division of the Lee County Sheriff's office appointed by the board. g. A court referral officer or state probation officer appointed by the board. h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person charged with or convicted of an offense involving the use, abuse, or possession of drugs or drug paraphernalia. Such persons do not include those currently charged with or convicted of driving or boating under the influence in any state, local,...
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45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a) In any case in which an offender is admitted into a PTIP there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the intervention 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 shall plead guilty to and the sentence the offender shall receive. In all cases where as part of the PTIP the offender agrees to plead guilty to a particular offense and receive a specific sentence which shall be approved by an appropriate circuit or district judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition of being admitted to the PTIP the district attorney may require the offender to agree to any of the following terms or conditions: (1) Attend school including, but not...
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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program shall be assessed a nonrefundable application fee on each charge of not more than five hundred dollars ($500) 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. (b) The assessments provided for under this section shall be in addition to any court costs and assessments for victims or drug or alcohol treatment required by law, and are in addition to any other 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. The fees set out in this section are maximum and may in the discretion of the district attorney be reduced because of circumstances relating to a specific offender and the financial status of the...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of punishment options, from probation to incarceration, graduated in restrictiveness according to the degree of supervision of the offender including, but not limited to, all of the following: a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised probation, that requires an offender to serve a sentence of imprisonment. The term includes time served in a work release program operated as a custody option by the Alabama Department of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment to any...
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