12-17-226.9
Section 12-17-226.9 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of a pretrial diversion program established under this
division, that the offender be admitted to a certified drug or alcohol program on an inpatient
or outpatient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing or other terms
and conditions related to substance abuse. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2013-361, p. 1290, §10.)...
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45-28-82.28
Section 45-28-82.28 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of the pretrial diversion program, that the offender
be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other
treatment alternatives for substance abuse. The district attorney may require the offender
to submit to periodic or random drug testing or other terms and conditions related to substance
abuse. The offender shall pay the costs of all services unless otherwise approved by the district
attorney. (Act 2011-606, p. 1342, §9.)...
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45-39-82.08
Section 45-39-82.08 Treatment programs; drug testing. The district attorney and the offender
may enter into an agreement, as a part of the pretrial diversion program, that the offender
be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other
treatment alternatives for substance abuse. The district attorney may require the offender
to submit to periodic or random drug testing or other terms and conditions related to substance
abuse. The offender shall pay the costs of all services unless otherwise approved by the district
attorney. (Act 2011-651, p. 1661, §9.)...
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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...
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45-35A-56.06
Section 45-35A-56.06 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...
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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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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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45-16-82.30
Section 45-16-82.30 Pretrial Diversion Program Fund. The district attorney shall establish
a Pretrial Diversion Program Fund. Except for the monies payable timely by the district attorney
to the circuit clerk, county commission's general fund, and law enforcement agency pursuant
to subsections (c), (d), and (e) of Section 45-16-82.27, fees paid by offenders pursuant to
Section 45-16-82.27 shall be placed into the Pretrial Diversion Program Fund. The district
attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated
with the administration of the pretrial diversion program and to pay those things earlier
herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated
with program administration shall include, but shall not be limited to, salaries, rent, vehicles,
uniforms, professional or business attire, telephones, communication equipment, postage, office
supplies and equipment, training and travel expenses, service...
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45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any condition
of the pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender in the program and pursue
criminal charges against the offender. The offender shall be given written notice of the intent
of the district attorney to terminate him or her from the pretrial diversion program, including
the reason for the termination. Upon removal from the program, the offender will be deemed
to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart,
any fees paid for the admission into the pretrial diversion program. (b) The district attorney
may waive a violation for good cause shown why the offender should stay in the pretrial diversion
program. (Act 2009-460, p. 802, §12.)...
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45-1-82.10
Section 45-1-82.10 Pretrial Diversion Program Fund. The district attorney shall establish a
Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial
Diversion Program Fund to pay costs associated with the administration of the pretrial diversion
program and to pay those things earlier herein provided for or for other law enforcement or
criminal prosecution purposes. Costs associated with program administration shall include,
but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business
attire, telephones, communication equipment, postage, office supplies and equipment, training
and travel expenses, service contracts, and professional services. At the discretion of the
district attorney, after considering an offender's reduced or inability to pay, the district
attorney may pay for services or programs for an offender out of pretrial diversion program
funds while the offender is in the pretrial diversion program, if special...
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