12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
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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)...
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45-35A-56.07
Section 45-35A-56.07 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)...
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45-45A-31.26
Section 45-45A-31.26 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 council in amounts to be determined by the city
council in its sole discretion. (b) The application fees, as determined by the city council,
shall be applied to the following offenses: (1) Driving under the influence (DUI). (2) Theft
of property in the third degree. (3) Other misdemeanor offenses as determined by the city
council. (c) The application fee shall be allocated to the general...
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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...
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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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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
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 will be...
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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...
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45-37A-240.20
Section 45-37A-240.20 Establishment of program. (a) Notwithstanding any other law to the contrary,
the City of Hoover may establish a pretrial diversion program for any defendant within the
jurisdiction of the municipal court. (b) All discretionary powers endowed by a common law
and provided by statutes and acts of this state or powers or discretion otherwise provided
by law for the City of Hoover shall be retained. (c) The pretrial diversion program shall
be under the direct supervision and control of the city and the city may contract with any
agency, person, or corporation for services related to this subpart. The city may employ necessary
persons to accomplish this subpart and those persons shall serve at the pleasure of the city.
(Act 2013-431, p. 1724, §1.)...
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45-37A-270.20
Section 45-37A-270.20 Establishment of program. (a) Notwithstanding any other law to the contrary,
the City of Irondale may establish a pretrial diversion program for any defendant within the
jurisdiction of the municipal court. (b) All discretionary powers endowed by a common law
and provided by statutes and acts of this state or powers or discretion otherwise provided
by law for the City of Irondale shall be retained. (c) The pretrial diversion program shall
be under the direct supervision and control of the city and the city may contract with any
agency, person, or corporation for services related to this subpart. The city may employ necessary
persons to accomplish this subpart and those persons shall serve at the pleasure of the city.
(Act 2013-429, p. 1707, §1.)...
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