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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...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
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45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or wellbeing of the community shall not be eligible for the program. An offender charged with
any of the following types of offenses without the express written consent of the victim shall
be ineligible for admittance: (1) Any offense involving violence or aggression resulting in
injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude
a law enforcement officer. (3) Any offense involving violence where a weapon was used or where
children are victims. (4) Any driving under the influence charge where serious physical injuries
are involved. (5) Any offense wherein the offender is a public official and the charge is
related to the capacity of the offender as a public official. (b) A...
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45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages
45-41-83.08
Section 45-41-83.08 Authority of district attorney. Regardless of the authority granted to
the board, this part shall not interfere with or change in any manner the authority of the
Lee County District Attorney to nolle prosequi any charges, to lawfully establish and operate
a deferred prosecution program or a pretrial diversion program, or to preclude any person
from participation in the program. (Act 2009-330, p. 558, §9.)...
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45-45A-31.20
Section 45-45A-31.20 Definitions. For the purposes of this subpart, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the City of Huntsville as a condition precedent to participation in a pretrial diversion program.
(2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City of Huntsville
or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City Council of the
City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position by the City
Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision (1) of Section
41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether
employed in this state or elsewhere. (8) OFFENDER. Any person charged with a criminal offense
including, but not limited to, any misdemeanor, violation, or traffic offense, as defined
by existing law, which was allegedly committed in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.20.htm - 2K - Match Info - Similar pages
12-14-90
Section 12-14-90 Establishment of pretrial diversion program. (a) The governing body of any
municipality may establish or abolish a pretrial diversion program for that municipality and
may provide for the assessment and collection of fees for the administration of such program.
(b) Any pretrial diversion program established pursuant to this article shall be under the
supervision of the presiding judge for the municipality pursuant to any rules and regulations
established by the municipal governing body. The presiding judge, with approval of the municipal
governing body and the municipal prosecutor, may contract with any agency, person, or business
entity for any service necessary to accomplish the purpose of this article. (c) The presiding
municipal judge, acting in consultation with the municipal prosecutor, shall have the authority
to establish all rules and terms necessary for the implementation of a pretrial diversion
program. (Act 2013-353, p. 1265, §1.)...
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45-27A-30.10
Section 45-27A-30.10 Disposition of funds. All fees paid by offenders pursuant to Section 45-27A-30.07
shall be placed and maintained in a separate revenue account within the Court and Corrections
Fund. The municipal court may use the fees collected by the pretrial diversion program for
any of the following: (1) To fund the pretrial diversion program. (2) For educational programs
which relate to the prosecution, detection, or prevention of crime in the City of Brewton.
(3) To benefit the City of Brewton or any other law enforcement agency. (4) For any other
lawful purpose. (Act 2010-578, p. 1275, §11.)...
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45-27A-30.06
Section 45-27A-30.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first court appearance or arraignment,
whichever comes first. (b) At the discretion of the municipal prosecutor, the provision contained
in subsection (a) may be waived by the municipal court. (Act 2010-578, p. 1275, §7.)...
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