45-7-82.30
Section 45-7-82.30 Pretrial diversion program fund. The district attorney shall establish a
pretrial diversion program fund. The district attorney shall use the funds to pay costs associated
with the administration of the pretrial diversion program, to pay those things earlier provided
for in this subpart, 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, the district attorney may
consider the reduced or inability of an offender to pay and 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 circumstances and justice...
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45-17-81.20
Section 45-17-81.20 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 or for other law enforcement purposes. Costs associated with program administration
shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional
or business attire, 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. (Act 2007-332, p. 588, §11.)...
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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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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily
waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling
of periods of limitations established by statutes or rules of court while in the program.
(3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
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12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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45-27A-30.10
Section 45-27A-30.10 Disposition of funds. All fees paid by offenders pursuant to Section 45-27A-30.07
shall be placed and maintained in a separate revenue account within the Court and Corrections
Fund. The municipal court may use the fees collected by the pretrial diversion program for
any of the following: (1) To fund the pretrial diversion program. (2) For educational programs
which relate to the prosecution, detection, or prevention of crime in the City of Brewton.
(3) To benefit the City of Brewton or any other law enforcement agency. (4) For any other
lawful purpose. (Act 2010-578, p. 1275, §11.)...
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45-4-83.02
Section 45-4-83.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Fourth Judicial Circuit may apply to the district attorney for admittance to the pretrial
diversion program. A person charged with any of the following offenses may apply for the program:
(1) A traffic offense, other than driving under the influence. (2) A property offense. (3)
An offense wherein the victim did not receive serious physical injury. (4) An offense in which
the victim was not a child under 14 years of age, a law enforcement officer, a school official,
or a correctional officer. (5) A misdemeanor other than one specifically excluded in this
section. (b) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving the
abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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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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