45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a
pretrial diversion program established under this division shall be brought before a court
of competent jurisdiction and 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) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering
into any agreement or seeking entry into a pretrial diversion program created pursuant to
this division, an offender must be represented by counsel or waive his or her right to have
counsel before a judge of a court of competent jurisdiction. If the offender is indigent,
nothing in this division shall prevent the court from appointing counsel to represent an offender.
(c) An offender who enters a pretrial diversion program pursuant to this...
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45-17-81.18
Section 45-17-81.18 Substance abuse treatment program; drug testing. The district attorney
and the offender may enter into an agreement as a part of the pretrial diversion program of
an offender that the offender be admitted to a drug or alcohol program on an inpatient or
outpatient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the pretrial diversion program of the offender and other terms and conditions related to substance
abuse as the district attorney may direct. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2007-332, p. 588, §9.)...
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45-27-82.24
Section 45-27-82.24 Program requirements; records. (a) An offender who enters an intervention
program shall satisfy each of the following requirements: (1) 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 periods of limitations established by
statute or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (4) 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 attorney taking into account all circumstances of the offender
and victim. (b) Pretrial diversion program records or records related to pretrial diversion
program admission shall not be admissible in subsequent proceedings, criminal or civil, and
communications between pretrial diversion program counselors and...
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45-29-82.68
Section 45-29-82.68 Substance abuse treatment program; drug testing. The district attorney
and the offender may enter into an agreement as a part of the pretrial diversion program of
an offender that the offender be admitted to a drug or alcohol program on an inpatient or
outpatient basis or receive other treatment alternatives for substance abuse. The district
attorney may require the offender to submit to periodic or random drug testing as a part of
the pretrial diversion program of the offender and other terms and conditions related to substance
abuse as the district attorney may direct. The offender shall pay the costs of all services
unless otherwise approved by the district attorney. (Act 2003-190, 1st Sp. Sess., p. 502,
§9.)...
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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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45-37A-160.07
Section 45-37A-160.07 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 participation 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 prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this article shall be...
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45-37A-240.27
Section 45-37A-240.27 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, 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 prosecutor. (b) The following application fees
shall be applied to offenders accepted into the program: (1) Misdemeanor offenses and driving
under the influence: One thousand dollars ($1,000). (2) Traffic offenses not including driving
under the influence: Five hundred dollars ($500). (3) Violations: Three hundred dollars ($300).
(c) The application fees required by this subpart shall be...
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45-9-82.28
Section 45-9-82.28 Substance abuse treatment program; drug testing. The district attorney and
the offender may enter into an agreement as a part of the pretrial diversion program of an
offender that the offender be admitted to a drug or alcohol program on an inpatient or outpatient
basis or receive other treatment alternatives for substance abuse. The district attorney may
require the offender to submit to periodic or random drug testing as a part of the pretrial
diversion program of the offender and other terms and conditions related to substance abuse
as the district attorney may direct. The offender shall pay the costs of all services unless
otherwise approved by the district attorney. (Act 2005-148, p. 258, §9.)...
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