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45-39-82.10
Section 45-39-82.10 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this part shall be paid into the District Attorney's Solicitor Fund. The funds
shall be used to pay costs associated with the administration of the pretrial diversion program
or for any other law enforcement purpose. Costs associated with program administration shall
include, but shall not be limited to, salaries, rent, vehicles, uniforms, telephones, postage,
office supplies and equipment, training and travel services, service contracts, or 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 justice dictate.
(Act 2011-651, p. 1661, ยง11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.10.htm - 1K - Match Info - Similar pages
12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
12-17-226.11
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall be allocated
to the district attorney's office. At the discretion of the district attorney, all administration
fees paid by the offender pursuant to this division may either be paid to the district attorney,
to be placed in the District Attorney's Solicitor Fund, or if the district attorney and the
clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the
District Attorney's Solicitor Fund. In the event that the district attorney elects to have
the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor
Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing. (b)
All fees paid to the district attorney pursuant to this division shall be paid into the District
Attorney's Solicitor Fund and shall be used to pay costs associated with the administration
of the pretrial diversion program or for any other law...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.24.htm - 1K - Match Info - Similar pages
45-28-82.30
Section 45-28-82.30 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this subpart shall be paid into the District Attorney's Solicitor Fund. The district
attorney shall disburse 10 percent to the Sheriff of Etowah County to be deposited into the
Law Enforcement Fund, and 10 percent, if the Sixteenth Judicial Circuit has one, to an approved
child advocacy center. The remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for any other law enforcement purpose.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, telephones, postage, office supplies and equipment, training and
travel services, service contracts, or professional services. The district attorney may pay
for services or programs for an offender while the offender is in the pretrial division program
if special circumstances and justice dictate. (Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.30.htm - 1K - Match Info - Similar pages
12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components;
drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial
circuit, with the consent of the district attorney of that judicial circuit, may establish
a drug court or courts, under which drug offenders shall be processed, to appropriately address
the identified substance abuse problem of the drug offender as a condition of pretrial release,
pretrial diversion, probation, jail, prison, parole, community corrections, or other release
or diversion from a correctional facility. The structure, method, and operation of each drug
court may differ and should be based upon the specific needs of and resources available to
the judicial district or circuit where the drug court is located, but shall be created and
operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme
Court. (2) Nothing in this chapter shall affect the...
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45-27-82.21
Section 45-27-82.21 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
Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first
Judicial Circuit for admittance to the pretrial diversion program. A person charged with any
of the following may apply for the program: (1) Drug offenses as provided in Section 12-23-5.
(2) Property offenses. (3) Offenses wherein the victim did not receive serious physical injury.
(4) Offenses 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) All misdemeanors other than traffic
or conservation offenses. (b) No persons charged with a Class A felony or a crime that involved
serious injury to a person or death shall be eligible for pretrial diversion. (c) Any person
deemed by the district attorney to be a threat to the safety or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27-82.21.htm - 1K - Match Info - Similar pages
12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-2.htm - 5K - Match Info - Similar pages
15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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