Code of Alabama

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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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45-37A-160.10
Section 45-37A-160.10 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-430, p. 1715, §11.)...

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45-37A-240.30
Section 45-37A-240.30 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-431, p. 1724, §11.)...

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45-37A-270.30
Section 45-37A-270.30 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city prosecutor may do any
of the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city prosecutor may waive a violation for
good cause shown why the offender should stay in the program. (Act 2013-429, p. 1707, §11.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.30.htm - 910 bytes - Match Info - Similar pages

45-37A-160.06
Section 45-37A-160.06 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor 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 prosecutor. (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 prosecutor 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....
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45-37A-240.26
Section 45-37A-240.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor 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 prosecutor. (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 prosecutor 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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.26.htm - 4K - Match Info - Similar pages

45-37A-270.26
Section 45-37A-270.26 Program requirements. (a) Following the decision of the city prosecutor
to recommend the offender into the pretrial diversion program, but prior to entry, the city
prosecutor 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 prosecutor. (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 prosecutor 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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.26.htm - 4K - 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...
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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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45-35A-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...
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