45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city attorney, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the city attorney or any agency or service provider in furtherance of the application and evaluation process and the same shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.09.htm - 3K - Match Info - Similar pages
45-31-84.11
Section 45-31-84.11 Violations; waiver. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney 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 attorney may waive a violation for good cause shown why the offender should stay in the program. (Act 2013-343, p. 1205, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.11.htm - 915 bytes - Match Info - Similar pages
45-35A-56.10
Section 45-35A-56.10 Violations; waiver. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney 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 attorney may waive a violation for good cause shown why the offender should stay in the program. (Act 2012-445, p. 1248, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.10.htm - 912 bytes - Match Info - Similar pages
45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city judge, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city judge, and the agreement between the city attorney and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall remain liable for any actual expenses already incurred by the probation officer or any agency or service provider in furtherance of the application and evaluation process and the same will be deducted from any money so refunded to the offender. (b) Upon approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.28.htm - 3K - Match Info - Similar pages
45-31-84.08
Section 45-31-84.08 Fees. (a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participating in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the city attorney. (b) The following application fees shall be applied to offenders accepted into the program: (1) Driving under the influence (DUI): Five thousand dollars ($5,000). (2) Domestic violence offenses: One thousand five hundred dollars ($1,500). (3) Other misdemeanor offenses: Seven hundred fifty dollars ($750). (4) Traffic offenses not including DUI: Five hundred dollars ($500). (5)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.08.htm - 2K - Match Info - Similar pages
12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge or charges and receives a specific sentence, an agreement concerning when the plea of guilt will occur, to what charges to which the offender will plead guilty, and any sentence to be imposed shall be approved by and submitted to an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge and receive a specific sentence, an agreement concerning when the plea of guilty will occur, to what charge to which the offender will plead guilty, and any sentence to be imposed, shall be approved by an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition of being admitted into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.29.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-1-82.07.htm - 2K - Match Info - Similar pages
45-12-82.07
Section 45-12-82.07 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 part 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) Except as herein...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.07.htm - 2K - Match Info - Similar pages
45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the assessment for participation in the program shall be in addition to any program supervision fees, court costs, and assessments for drug, alcohol, or anger treatments 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. It may be mandatory for the offender to pay all court costs for the offense charged. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigence, reduced ability to pay, or for other just cause at the discretion of the district attorney. The determination of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.27.htm - 4K - Match Info - Similar pages
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