Code of Alabama

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45-4-83.09
Section 45-4-83.09 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
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Fourth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. (b) As a condition of
being admitted to the pretrial diversion program, the district...
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45-9-82.29
Section 45-9-82.29 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
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to
opt into this division. (a) A district attorney, to the extent practicable, may enter into
an agreement with a community correction entity, to utilize the services of existing community
corrections programs established pursuant to Section 15-18-170, or faith based community programs,
which are certified by the Alabama Department of Mental Health, to provide for the supervision
of defendants participating in a pretrial diversion program established under this division.
The district attorney may enter into an agreement with a drug court entity to utilize the
services of existing certified drug court programs established pursuant to Section 12-23A-4,
provided that the district attorney determines it would serve the best interest of justice
and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11,
if, upon enactment of this legislation, a pretrial diversion...
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45-28-82.25
Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement,
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district...
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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...
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45-16-82.27
Section 45-16-82.27 Costs and fees. (a) An applicant may be assessed a fee 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 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) The following fees shall be paid by applicants accepted...
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45-45-83.46
Section 45-45-83.46 Fees. (a) An applicant may be assessed a fee 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, assessments for victims, or drug, alcohol, or anger management
treatment required by law, the district attorney, or the court and shall be in addition to
costs of supervision, treatment, and restitution for which the pretrial admittee may be responsible.
Pretrial intervention program fees, as established by this section, may be waived or reduced
due to indigency or reduced ability to pay or for just cause at the discretion of the district
attorney. The determination of indigency of the offender, for the purpose of pretrial intervention
admission or 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) The following
fees, as set by the district attorney, shall be paid by...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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45-42-82.48
Section 45-42-82.48 Collection and disposition of funds. (a) Application fees required by this
subpart shall be collected by the appropriate circuit or district court clerk of the Thirty-ninth
Judicial Circuit. The fees shall be disbursed to the appropriate court clerk, the Limestone
County Children's Advocacy Center, the Limestone County Family Resource Center, and the Limestone
County District Attorney's Solicitor's Fund, as allocated by Section 45-42-82.47, and as other
costs and fees are disbursed to the Limestone County District Attorney's Solicitor's Fund.
(b) All fees paid by offenders which are disbursed by the court clerk to the office of the
district attorney shall be used to pay costs associated with the administration of the pretrial
diversion program or for other law enforcement purposes deemed necessary by the district attorney.
(Act 2012-360, p. 892, ยง 9.)...
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