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....
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45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge to
admit the offender into the pretrial diversion program, but prior to entry, 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 jury trial. (6) A truthful and complete statement by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.25.htm - 5K - Match Info - Similar pages

12-17-226.7
Section 12-17-226.7 Time for application. An offender shall make application to a pretrial
diversion program established under this division at a time to be determined by the district
attorney, but in the case of a felony, may not be more than 90 days after arraignment. (Act
2013-361, p. 1290, §8.)...
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45-28-82.26
Section 45-28-82.26 Time for application. An offender shall make application to the pretrial
diversion program at a time to be determined by the district attorney. (Act 2011-606, p. 1342,
§7.)...
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45-39-82.06
Section 45-39-82.06 Time for application. An offender shall make application to the pretrial
diversion program at a time to be determined by the district attorney. (Act 2011-651, p. 1661,
§7.)...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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45-28-82.35
Section 45-28-82.35 Use of other programs. The district attorney, to the extent practicable,
may utilize the services of an existing community corrections program established pursuant
to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial
diversion program. The district attorney may utilize the services of an existing drug court
program established pursuant to Section 12-23A-4, so long as the district attorney determines
it would serve the best interests of justice and the community. (Act 2011-606, p. 1342, §16.)...

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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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45-39-82.15
Section 45-39-82.15 Use of other programs. The district attorney, to the extent practicable,
may utilize the services of an existing community corrections program established pursuant
to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial
diversion program. The district attorney may utilize the services of an existing drug court
program established pursuant to Section 12-23A-4, so long as the district attorney determines
it would serve the best interest of justice and the community. (Act 2011-651, p. 1661, §16.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.15.htm - 870 bytes - Match Info - Similar pages