45-27A-30
Section 45-27A-30 Pretrial diversion program. (a) The clerk of the municipal court of the City
of Brewton may establish a pretrial diversion program. (b) It shall be among the purposes
of the pretrial diversion program to provide an alternative to prosecuting offenders within
the City of Brewton's criminal justice system. (c) 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 municipal court or municipal prosecutor shall be retained. (d) The
pretrial diversion program shall be under the supervision of the Clerk of the Municipal Court
of the City of Brewton. (Act 2010-578, p. 1275, §1.)...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (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.
(6) A violation classified under this code. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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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-30.01
Section 45-27A-30.01 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) CITY. The City of Brewton, Alabama. (2) LAW ENFORCEMENT or
LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose
is to protect people. This may include, but is not limited to, police personnel, a correctional
officer, coroner, Department of Human Resources personnel, parole and probation personnel,
community corrections office personnel, and court referral office personnel, whether that
agency or department is located in the State of Alabama or elsewhere. (3) MUNICIPAL COURT.
The Municipal Court of the City of Brewton. (4) MUNICIPAL PROSECUTOR. The municipal prosecutor
of the City of Brewton or any attorney authorized by the mayor to act in that capacity. (5)
OFFENDER. Any person charged with a crime under this code or the Municipal Code of the City
of Brewton, which crime was allegedly committed within the jurisdiction of...
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45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily 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 the periods
of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to
the conditions of the pretrial diversion program established by the prosecutor for the offender.
(4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period
of time and in an amount to be determined by the municipal court taking into account circumstances
of the offender and victim. Any restitution collected under this subsection shall be made
payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written
and signed by the offender, to the municipal prosecutor...
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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...
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45-18-81.27
Section 45-18-81.27 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, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this subpart may be waived or reduced for just cause at the discretion of 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 applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses: up to seven hundred fifty dollars ($750).
(2) Misdemeanor offenses (excluding traffic): up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300) (c) Twenty-five dollars ($25)...
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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...
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45-4-83.07
Section 45-4-83.07 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, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this part may be waived or reduced for just cause at the discretion of 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 applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty dollars ($750).
(2) Misdemeanor offenses (excluding traffic): Up to five hundred dollars ($500). (3) Traffic
offenses: Up to three hundred dollars ($300). (c) Twenty-five dollars ($25) of...
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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...
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