Code of Alabama

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45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge to
admit the offender into the pretrial diversion program, but prior to entry, 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 jury trial. (6) A truthful and complete statement by...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
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, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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45-23-82.10
Section 45-23-82.10 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 and expenses associated with the administration of the
pretrial diversion program or for other purposes contained in other pretrial diversion programs
in this state. Costs associated with program administration shall include, but shall not be
limited to, salaries, rent, vehicles, telephones, postage, office supplies and equipment,
training and travel services, service contracts, and professional services. The district attorney
may pay for services or programs for an offender while the offender is in the pretrial diversion
program if special circumstances and justice dictate. The pretrial diversion program fund
shall be subject to audit every two years, in accordance with state law, by the Examiners
of Public Accounts. In years not subject to audit, the district attorney...
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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,...
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43-2-697.01
Section 43-2-697.01 Petition to open probate estate of Medicaid recipient; third-party administrator;
fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient
by filing a petition to appoint a third party administrator and issue letters of administration,
pursuant to the timing limitations of Section 43-2-43. (b) The petition shall contain all
of the following information: (1) The date the recipient died. (2) An explanation of why the
petition is filed in the proper court in accordance with Section 43-2-40. (3) A listing of
the recipient's personal and real property of which the Medicaid Agency is aware. (4) A listing
of the recipient's debts of which the agency is aware. (5) A listing of the recipient's possible
heirs, including contact information, if known, of which the agency is aware. (c) If the Medicaid
Agency is not aware of information listed in subsection (b), the agency shall describe each
piece of information that it lacks. (d) If the...
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45-28-82.29
Section 45-28-82.29 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.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority necessary
to implement the purposes of this part, including, but not limited to, the authority necessary
to do all of the following: (1) Create or remove employment positions, set or alter pay scales,
employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity bonds for
the faithful performance of the duties of personnel. Any employment practices shall be in
accordance with applicable state and federal law. (2) Provide support and administrative services
for Lee County court referral officer programs, drug courts, district court probation, and
other alternative sentencing programs. The services may include, but not be limited to, providing
drug and alcohol evaluation, assessments, treatment, case management, personnel, drug and
alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol monitoring,
and supervision of those participating in the program. (3)...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate
wages. (a) Community punishment and corrections funds may be used to develop or expand the
range of community punishments and services at the local level. Community-based programs should
utilize evidence-based practices, as defined in Section 12-25-32, in the treatment and supervision
of program participants. The supervision and treatment of each program participant is expected
to be based on the participant's anticipated risk of reoffending, as determined through a
validated risk and needs assessment as defined in Section 12-25-32, administered by the program.
Supervision and treatment of program participants should include the following: (1) Use of
a validated risk and needs assessment; (2) Use of assessment results to provide guidance for
determining the appropriate level of supervision responses consistent with the levels of supervision
and evidence-based practices reasonably anticipated...
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45-23-82.09
Section 45-23-82.09 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 sentence the offender will receive.
If, as part of the pretrial diversion 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 Thirty-third Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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