Code of Alabama

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45-37A-240.25
Section 45-37A-240.25 Admission into program. (a) Upon application by an offender for admission
into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation
process of the city prosecutor, the city prosecutor may require the offender to furnish information
concerning past criminal history, education history, work record, family history, medical
or psychiatric treatment or care prescribed or received, psychological tests taken, and any
other information concerning the offender which the city prosecutor believes has a bearing
on the decision whether or not the offender should be admitted to the program. (b) The city
prosecutor may require the offender to submit to any type of test or evaluation process or
interview the city prosecutor deems appropriate in evaluating the offender for admittance
into the program. The costs of any test or evaluation shall be paid by the offender or as
otherwise agreed to or provided for by this subpart. The offender...
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45-37A-270.25
Section 45-37A-270.25 Admission into program. (a) Upon application by an offender for admission
into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation
process of the city prosecutor, the city prosecutor may require the offender to furnish information
concerning past criminal history, education history, work record, family history, medical
or psychiatric treatment or care prescribed or received, psychological tests taken, and any
other information concerning the offender which the city prosecutor believes has a bearing
on the decision whether or not the offender should be admitted to the program. (b) The city
prosecutor may require the offender to submit to any type of test or evaluation process or
interview the city prosecutor deems appropriate in evaluating the offender for admittance
into the program. The costs of any test or evaluation shall be paid by the offender or as
otherwise agreed to or provided for by this subpart. The offender...
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45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the
pretrial diversion program agreed to in writing by the offender, the municipal prosecutor
may terminate the participation of the offender in the pretrial diversion program and may
actively pursue the prosecution of the offender for the offense or offenses or violation or
violations charged. The offender shall be given written notice of the intent of the municipal
prosecutor to terminate him or her from the pretrial diversion program, including the reason
for termination. If removed from the program by the municipal prosecutor, the offender shall
be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees
paid in application for and admission into the pretrial diversion program. (b) At his or her
discretion, the municipal prosecutor may waive a violation for good cause shown as to why
the offender should be allowed to remain in the pretrial diversion program. (Act...
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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-160.11
Section 45-37A-160.11 Liability for conduct of offender. In no event shall the city prosecutor
or any other agency or service provider have any liability, criminal or civil, for the conduct
of any offender while participating in the pretrial diversion program or for acceptance of
an offender into the program, unless the event was foreseeable. (Act 2013-430, p. 1715, §12.)...

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45-37A-240.31
Section 45-37A-240.31 Liability for conduct of offender. In no event shall the city prosecutor
or any other agency or service provider have any liability, criminal or civil, for the conduct
of any offender while participating in the pretrial diversion program or for acceptance of
an offender into the program, unless the event was foreseeable. (Act 2013-431, p. 1724, §12.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.31.htm - 686 bytes - Match Info - Similar pages

45-37A-270.31
Section 45-37A-270.31 Liability for conduct of offender. In no event shall the city prosecutor
or any other agency or service provider have any liability, criminal or civil, for the conduct
of any offender while participating in the pretrial diversion program or for acceptance of
an offender into the program, unless the event was foreseeable. (Act 2013-429, p. 1707, §12.)...

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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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45-31-84.11
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.)...

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