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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.25.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.07.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.06.htm - 5K - Match Info - Similar pages
12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and control; intervention plans. (a) The district attorney of any judicial circuit of this state may establish a pretrial diversion program within that judicial circuit or any county within that judicial circuit. (b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained. (c) A county pretrial diversion program established under subsection (a) shall be under the direct supervision and control of the district attorney. The district attorney may contract with any agency, person, or corporation, including, but not limited to, certified and judicially sanctioned community corrections programs, certified mental health and drug treatment programs, family service programs, or any certified not-for-profit programs for services related to this division. The district attorney...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.1.htm - 1K - Match Info - Similar pages
45-2-81.44
Section 45-2-81.44 Program requirements. (a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions of the Pre-Trial Intervention Program established by the district attorney. (4) Provide a statement as to the involvement in the crime charged which shall be admissible in any criminal trial. (5) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account all circumstances of the offender and victim. (b) Pre-Trial Intervention Program records or records related to Pre-Trial Intervention Program admission, except for the statement of the applicant concerning his or her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-81.44.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41-83.11.htm - 3K - Match Info - Similar pages
12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution; annual audit. (a) A drug court shall collect and maintain the following information for each drug offender that is considered for admission or admitted into drug court: (1) Prior criminal history. (2) Prior substance abuse treatment history, including information on the success or failure of the drug offender in those programs. (3) Employment, education, and income histories. (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (5)a. Instances of recidivism occurring after successful completion of drug court. Recidivism shall be measured at a period of three years after successful graduation. b. Instances of recidivism occurring after a drug offender's termination in drug court for a period of three years from release into the community. (6) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-10.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.31.htm - 1K - Match Info - Similar pages
45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue prosecution of the offender for the crime or crimes charged. 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 shall 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 2006-89, p. 110, §12.)...
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