45-27A-30.03
Section 45-27A-30.03 Standards for admission. (a) Admittance of an offender into the pretrial
diversion program shall be appropriate if all of the following requirements are met: (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 or violation was committed. (2) There is a probability
that justice will be served if the offender is placed in the pretrial diversion program. (3)
It is determined that the needs of the city 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. (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 no previous record of committing the offense or offenses or violation or violations
with which he or she is charged. (b) The municipal...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or other self-improvement or self-help program on
an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal
prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program of the offender and require other terms and conditions related
to substance abuse, domestic violence, or the offense charged as the municipal prosecutor
may direct. (c) The offender shall pay the costs of all services unless otherwise approved
by the municipal court after considering the offender's ability to pay. (Act 2010-578, p.
1275, §9.)...
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45-3-82.48
Section 45-3-82.48 Self-improvement programs; 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, alcohol, violence, or any other self-improvement or self-help program
on an inpatient or outpatient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the offender's ability to pay. (Act 2007-499, p. 1058, §9.)...
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45-41-83.15
Section 45-41-83.15 Community service. The court may also require any participant in the program
to perform community service hours for nonprofit entities, civic organizations, or governmental
agencies as directed and supervised by the program. Failure to abide by any conditions may
result in the arrest of the participant for violation of the conditions of bond, execution
of the sentence of incarceration or punishment by criminal and civil contempt, or both. (Act
2009-330, p. 558, §16.)...
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45-7-82.28
Section 45-7-82.28 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, alcohol, violence, or any other self-improvement or self-help program
on an inpatient or outpatient basis or receive other treatment alternatives deemed by the
district attorney to be in the best interest of the offender and society. The district attorney
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program and require other terms and conditions related to substance
abuse, domestic violence, or the offense charged as the district attorney may direct. The
offender shall pay the costs of all services unless otherwise approved by the district attorney
after considering the ability of the offender to pay. (Act 2009-460, p. 802, §9.)...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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15-19-6
Section 15-19-6 Disposition upon adjudication. (a) If a person is adjudged a youthful offender
and the underlying charge is a felony, the court shall: (1) Suspend the imposition or execution
of sentence with or without probation; (2) Place the defendant on probation for a period not
to exceed three years; (3) Impose a fine as provided by law for the offense with or without
probation or commitment; (4) Commit the defendant to the custody of the Board of Corrections
for a term of three years or a lesser term. (b) Where a sentence of fine is not otherwise
authorized by law, then, in lieu of or in addition to any of the dispositions authorized in
this section, the court may impose a fine of not more than $1,000. In imposing a fine the
court may authorize its payment in installments. (c) In placing a defendant on probation,
the court shall direct that he be placed under the supervision of the appropriate probation
agency. (d) If the underlying charge is a misdemeanor, a person adjudged a...
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45-2-84.08
Section 45-2-84.08 Rules and regulations; revocation hearings. (a) The Baldwin County Pretrial
Release and Community Corrections Board may promulgate rules and regulations for establishing
pretrial release programs, alternative sentencing programs, educational programs, intervention
programs, treatment programs, supervision programs, and other programs to serve the courts
of the Twenty-eighth Judicial Circuit. (b) A person who has been released or sentenced pursuant
to this part and who has violated a condition of release or sentencing shall be subject to
revocation of release or subject to revocation of any other sentence imposed upon motion of
the court, the district attorney, or the supervising officer of the defendant in the program
in which he or she has been placed. A revocation hearing shall be conducted by the court as
provided by the Alabama Rules of Criminal Procedure for bond revocation in cases of violation
of terms of pretrial release and probation revocation in cases...
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45-37A-160.09
Section 45-37A-160.09 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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45-37A-240.29
Section 45-37A-240.29 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city prosecutor, the city prosecutor and the offender shall submit
the written application of the offender, the acceptance of the offender by the city prosecutor,
and the agreement between the city prosecutor and the offender to the municipal court judge
presiding over the affected case of the offender for approval. The offender shall also enter
a plea of guilty to the charge or charges involved. If the municipal court judge rejects the
agreement and guilty plea, any money paid by the offender in satisfaction of the application
fee shall be refunded to the offender. The offender shall still be liable for any actual expenses
already incurred by the city prosecutor or any agency or service provider in furtherance of
the application and evaluation process and the same shall be deducted from any money so refunded
to the offender. (b) Upon approval of the agreement and...
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