45-23-82
Section 45-23-82 Establishment of pretrial diversion program. (a) The District Attorney of the Thirty-third Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Thirty-third Judicial Circuit shall be retained. (c) The pretrial diversion program shall be under the direct supervision and control of the district attorney. The district attorney may employ necessary persons to accomplish this part and these persons shall serve at the pleasure of the district attorney. (Act 2005-130, p. 215, §1.)...
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45-18-81.20
Section 45-18-81.20 Established; discretionary powers; supervision and control. (a) The District Attorney of the Thirty-fifth Judicial Circuit may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Thirty-fifth 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 for services related to this division. The district attorney may employ necessary persons to accomplish this division and these persons shall serve at the pleasure of the district attorney. (Act 2004-478, p. 884, §1.)...
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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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45-17-81.10
Section 45-17-81.10 Established; discretionary powers; supervision and control. (a) The District Attorney of the Thirty-first Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Thirty-first 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 for services related to this subpart. The district attorney may employ necessary persons to accomplish this subpart and these persons shall serve at the pleasure of the district attorney as stated in subsection (a) of Section 12-17-220. (Act 2007-332, p. 588, §1.)...
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45-3-82.40
Section 45-3-82.40 Established; discretionary powers; supervision and control. (a) The District Attorney of the Third Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Third 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 for services related to this subpart. The district attorney may employ necessary persons to accomplish this subpart and these persons shall serve at the pleasure of the district attorney. (Act 2007-499, p. 1058, §1.)...
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45-23-82.02
Section 45-23-82.02 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 Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only with any of the following offenses may apply for the program: (1) A traffic offense, other than driving under the influence (DUI). (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. (c) 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...
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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...
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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...
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45-29-82.70
Section 45-29-82.70 Pretrial diversion program fund. The district attorney shall establish a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to the district attorney shall be placed into the pretrial diversion program fund. The district attorney shall disburse 20 percent of the funds to the Twenty-fourth Judicial Circuit Judicial Administration Fund; the remainder of the funds shall be used 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...
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45-34-82
Section 45-34-82 Establishment of pretrial diversion program. (a) The District Attorney of the Twentieth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Twentieth 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 for services related to this part. The district attorney may employ necessary persons to accomplish this part and these persons shall serve at the pleasure of the district attorney. (Act 2003-225, p. 566, §1.)...
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