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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.25.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.05.htm - 2K - Match Info - Similar pages
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, § 9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.48.htm - 1K - Match Info - Similar pages
45-31-84.07
Section 45-31-84.07 Written agreement; other terms and conditions. (a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city attorney. (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city attorney taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.07.htm - 5K - Match Info - Similar pages
45-35A-56.06
Section 45-35A-56.06 Written agreement; other terms and conditions. (a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city attorney. (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city attorney taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.06.htm - 5K - Match Info - Similar pages
32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol, controlled substances, etc. (a) A person shall not drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving. (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood. The Alabama State Law Enforcement Agency shall suspend or revoke the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages
45-16-82.30
Section 45-16-82.30 Pretrial Diversion Program Fund. The district attorney shall establish a Pretrial Diversion Program Fund. Except for the monies payable timely by the district attorney to the circuit clerk, county commission's general fund, and law enforcement agency pursuant to subsections (c), (d), and (e) of Section 45-16-82.27, fees paid by offenders pursuant to Section 45-16-82.27 shall be placed into the Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated with the administration of the pretrial diversion program and to pay those things earlier herein provided for or for other law enforcement or criminal prosecution purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, communication equipment, postage, office supplies and equipment, training and travel expenses, service...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.30.htm - 1K - Match Info - Similar pages
45-29-82.70
Section 45-29-82.70 Pretrial diversion program fund. The district attorney shall establish a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to the district attorney shall be placed into the pretrial diversion program fund. The district attorney shall disburse 20 percent of the funds to the Twenty-fourth Judicial Circuit Judicial Administration Fund; the remainder of the funds shall be used to pay costs associated with the administration of the pretrial diversion program or for other law enforcement purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies and equipment, training and travel services, service contracts, and professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and...
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45-9-82.30
Section 45-9-82.30 Pretrial Diversion Program Fund. The district attorney shall establish a Pretrial Diversion Program Fund. Fees paid by offenders pursuant to Section 45-9-82.27 shall be placed into the Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated with the administration of the pretrial diversion program or for other law enforcement purposes. Costs associated with program administration shall include, but shall not be limited to, salaries, rent, vehicles, uniforms, professional or business attire, telephones, postage, office supplies and equipment, training and travel services, service contracts, and professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate. (Act 2005-148, p. 258, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.30.htm - 1K - Match Info - Similar pages
45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district attorney and the offender shall submit the offender's written application together with the offender's statement of facts, the district attorney's acceptance of the offender, and the agreement between the district attorney and the offender to the court presiding over the offender's affected case. The offender shall also enter a plea of guilty to the charge or charges involved. (b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise place it on an administrative docket until such time as the court has been notified that the offender has either fulfilled the terms of the agreement or has been terminated from the program. However, acceptance of the plea of guilty and imposition of punishment by the court shall be deferred until and unless the offender is terminated from...
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