45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218. (2) A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.02.htm - 2K - Match Info - Similar pages
45-16-82.27
Section 45-16-82.27 Costs and fees. (a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney. (b) The following fees shall be paid by applicants accepted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.27.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.40.htm - 2K - Match Info - Similar pages
45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (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 was committed. (2) There is a probability justice will be served if the offender is placed in the diversion program. (3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no 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 never been granted pretrial diversion or participated in any similar program in any court in any state. (8) The offender has no prior misdemeanor or felony convictions. (b) The district attorney may waive any of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.03.htm - 1K - Match Info - Similar pages
45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (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 was committed. (2) There is a probability justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no 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 never been granted pretrial diversion or participated in any similar program in any court in any state. (8) The offender has no prior misdemeanor or felony convictions. (b) The district attorney may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.03.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
45-3-82.47
Section 45-3-82.47 Costs and fees. (a) An applicant may be assessed a fee to be established by the district attorney when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney. (b) The following...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.47.htm - 4K - Match Info - Similar pages
45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program shall be appropriate in any of the following circumstances: (1) The offender is 18 years of age or older at the time the alleged offense was committed; 16 years of age or older if the offense is a traffic violation. (2) There is a probability justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no threat to the safety and wellbeing 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 never been granted pretrial diversion or participated in any similar program in any court in the state. (8) The offender has no prior felony convictions. (9) The offender does not hold a commercial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.23.htm - 1K - Match Info - Similar pages
45-1-82.07
Section 45-1-82.07 Cost and fees. (a) An applicant may be assessed a fee to be established by the district attorney when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or fee reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney. (b) Except as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.07.htm - 2K - Match Info - Similar pages
45-12-82.07
Section 45-12-82.07 Costs and fees. (a) An applicant may be assessed a fee to be established by the district attorney when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this part may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney. (b) Except as herein...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.07.htm - 2K - Match Info - Similar pages
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