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45-2-81.42
Section 45-2-81.42 Appropriateness of intervention. (a) Intervention shall be appropriate if:
(1) There is a likelihood justice will be served if the offender is placed in an intervention
program. (2) It is determined the needs of the state and of the offender can be met through
the Pre-Trial Intervention Program. (3) The offender poses no substantial threat to the safety
and well-being of the community. (4) It appears the offender is not likely to be involved
in further criminal activity. (5) The offender will likely respond to rehabilitative treatment.
(b) The district attorney may waive any of the standards specified in subsection (a) if justice
or special circumstances dictate. (Act 97-692, p. 1045, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-81.42.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-81.46.htm - 1K - Match Info - Similar pages
45-45-83.44
Section 45-45-83.44 Agreement required of offender in program. (a) An offender who enters an
intervention program shall: (1) Waive, in writing, and contingent upon his or her 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 intervention program established by
the district attorney. (4) In the event 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) Pretrial intervention records or records related to pretrial intervention admission shall
not be admissible in subsequent proceedings, criminal or civil, and communications between
pretrial intervention counselors and defendants shall be privileged unless a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-83.44.htm - 1K - Match Info - Similar pages
45-27-82.24
Section 45-27-82.24 Program requirements; records. (a) An offender who enters an intervention
program shall satisfy each of the following requirements: (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 pretrial diversion
program established by the district attorney. (4) 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) Pretrial diversion program records or records related to pretrial diversion
program admission shall not be admissible in subsequent proceedings, criminal or civil, and
communications between pretrial diversion program counselors and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.24.htm - 1K - Match Info - Similar pages
12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.6.htm - 6K - Match Info - Similar pages
45-27-82.28
Section 45-27-82.28 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion 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 will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Twenty-first Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.28.htm - 2K - Match Info - Similar pages
45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion 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.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.29.htm - 4K - Match Info - Similar pages
45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion 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 will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.29.htm - 3K - Match Info - Similar pages
45-23-82.09
Section 45-23-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion 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 will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-third Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.09.htm - 3K - Match Info - Similar pages
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