Code of Alabama

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45-42-82.41
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control.
(a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a
pretrial diversion program. (b) All discretionary powers endowed by the common law and provided
by statutes and acts of this state or powers or discretion otherwise provided by law for the
District Attorney of the Thirty-ninth Judicial Circuit shall be retained. (c) The pretrial
diversion program shall be under the direct supervision and control of the district attorney,
and the district attorney may contract with any agency, person, or corporation, including,
but not limited to, the Limestone County Community Correction Program and the Drug Court for
Limestone County, for services related to this subpart. The district attorney may employ necessary
persons to accomplish this subpart and such persons shall serve at the pleasure of the district
attorney. (Act 2012-360, p. 892, § 2.)...
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45-2-81.46
Section 45-2-81.46 Costs and fees. An applicant for the Pre-Trial Intervention Program on each
charge shall pay a nonrefundable application fee of an amount not exceeding the cost of court
charged offense at the time the offense is charged. The assessment 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 costs of supervision, treatment, and restitution for which the person
may be responsible. In addition to the application fee, the offender shall pay an administration
and supervision fee not to exceed twenty-five dollars ($25) per week during the time that
the offender is in the Pre-Trial Intervention Program. Fees may be waived by the district
attorney or a schedule of payments for any of the abovementioned fees may be established by
the district attorney. 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...
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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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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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12-23-15
Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund - Established fee;
sanctions for failure to remit fees. The Indigent Offender Alcohol and Drug Treatment Trust
Fund is hereby established and created as a separate fund in the State Treasury. Such fund
shall provide for payment to eligible alcohol and drug treatment programs for treatment and
rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the
State Treasury to the credit of such fund pursuant to this chapter and all moneys received
for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative
appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts
and approved by the Supreme Court shall be collected from each offender. The fee shall be
collected by the court referral officer by the tenth day of each month. The State Treasurer
shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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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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12-23A-9
Section 12-23A-9 Functions of Administrative Office of Courts. (a) The Administrative Office
of Courts, hereinafter AOC, shall assist in the planning, implementation, and development
of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and
the Chief Justice concerning the legal, policy, and procedural issues confronting the drug
courts in the state. Nothing in this section shall impede the constitutional authority of
the district attorney. (b) AOC shall provide state-level coordination and support for drug
court judges and their programs and operate as a liaison between drug court judges and other
state-level agencies providing services to or benefitting from drug court programs. (c) The
Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama
Supreme Court concerning criteria for eligibility, the promulgation of procedural rules, the
establishment of guidelines for operation, and adoption of standards and...
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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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13A-12-290
Section 13A-12-290 License suspended for six months; crediting of time. In addition to any
other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for
a period of six months the driver's license of any person, including, but not limited to,
a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding
of delinquency based on, the crimes specified in Section 13A-12-291. If, at the time of conviction,
adjudication, or finding of delinquency, the individual did not have a driver's license or
the driver's license had been suspended or revoked, there shall be a delay in the issuance
or reinstatement of the driver's license for six months after the individual applies for issuance
or reinstatement. If the individual is ordered by a court to enter as a resident of an in-patient
drug or alcohol rehabilitation facility, the suspension required by this section shall be
effective immediately. If the individual voluntarily enters an...
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