45-16-82.31
Section 45-16-82.31 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2005-145, p. 249, §12.)...
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45-3-82.51
Section 45-3-82.51 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue the
prosecution of the offender for the crime or crimes charged. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into the pretrial diversion program.
(b) The district attorney may waive a violation for good cause shown why the offender should
stay in the pretrial diversion program. (Act 2007-499, p. 1058, §12.)...
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12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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45-27-82.20
Section 45-27-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twenty-first Judicial Circuit of Alabama may establish a pretrial diversion
program. (b) The district attorney shall retain all discretionary powers endowed by the common
law and provided for by statutes and acts of this state or powers or discretion otherwise
provided by law for the District Attorney of the Twenty-first Judicial Circuit. (c) The pretrial
diversion program shall be under the direct supervision and control of the district attorney
and the district attorney may contract with any agency, person, or corporation for services
related to this subpart. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
95-388, p. 791, §1.)...
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45-28-82.21
Section 45-28-82.21 Established; discretionary powers; supervision and control. (a) The district
attorney may establish a pretrial diversion program within the Sixteenth Judicial Circuit
in Etowah County. (b) All discretionary powers endowed by the common law, provided for by
statute and acts of this state, or otherwise provided by law for the district attorneys of
this state shall be retained. (c) The pretrial diversion program shall be under the direct
supervision and sole control of the district attorney. (d) The district attorney may contract
with any agency, person, or corporation for services related to this subpart and may employ
persons necessary to accomplish this subpart, who shall serve at the pleasure of the district
attorney. (Act 2011-606, p. 1342, §2.)...
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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...
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45-42-82.41
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control.
(a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a
pretrial diversion program. (b) All discretionary powers endowed by the common law and provided
by statutes and acts of this state or powers or discretion otherwise provided by law for the
District Attorney of the Thirty-ninth Judicial Circuit shall be retained. (c) The pretrial
diversion program shall be under the direct supervision and control of the district attorney,
and the district attorney may contract with any agency, person, or corporation, including,
but not limited to, the Limestone County Community Correction Program and the Drug Court for
Limestone County, for services related to this subpart. The district attorney may employ necessary
persons to accomplish this subpart and such persons shall serve at the pleasure of the district
attorney. (Act 2012-360, p. 892, § 2.)...
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45-42-82.47
Section 45-42-82.47 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 participation in the program shall be in addition to any court costs or 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 district attorney. (b) The amount of the application
fee shall be established by the district attorney. (c) The application fee shall be allocated
and paid to the following offices or entities as follows: (1) Ten percent shall be allocated
to the appropriate circuit or district court clerk in which the case originates to the clerk's
fund as provided by law and shall be available for use, at the...
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45-16-82.20
Section 45-16-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twelfth Judicial Circuit of Alabama may establish a pretrial diversion program.
(b) All discretionary powers endowed by the common law and provided for by statutes and acts
of this state or powers or discretion otherwise provided by law for the District Attorney
of the Twelfth Judicial Circuit shall be retained. (c) The pretrial diversion program shall
be under the direct supervision and control of the district attorney and the district attorney
may contract with any agency, person, or corporation for services related to this subpart.
The district attorney may employ necessary persons to accomplish this subpart and these persons
shall serve at the pleasure of the district attorney. (Act 2005-145, p. 249, §1.)...
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45-17-81.10
Section 45-17-81.10 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Thirty-first Judicial Circuit of Alabama may establish a pretrial diversion
program. (b) All discretionary powers endowed by the common law and provided for by statutes
and acts of this state or powers or discretion otherwise provided by law for the District
Attorney of the Thirty-first Judicial Circuit shall be retained. (c) The pretrial diversion
program shall be under the direct supervision and control of the district attorney and the
district attorney may contract with any agency, person, or corporation for services related
to this subpart. The district attorney may employ necessary persons to accomplish this subpart
and these persons shall serve at the pleasure of the district attorney as stated in subsection
(a) of Section 12-17-220. (Act 2007-332, p. 588, §1.)...
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