Section 12-17-226.16 – Utilization of Community Programs and Drug Court Programs; Election to Opt Into This Division.
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 […]
Section 12-17-226.17 – Pretrial Diversion Offender Database.
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney […]
Section 12-17-226.18 – Ability to Pay Fees or Costs.
Section 12-17-226.18 Ability to pay fees or costs. Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for paying the fees proves to […]
Section 12-17-226.11 – Disposition of Funds.
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall be allocated to the district attorney’s office. At the discretion of the district attorney, all administration fees paid by the offender pursuant to this division may either be paid to the district attorney, to be placed in the District Attorney’s Solicitor Fund, or if […]
Section 12-17-226.12 – Violations; Waiver.
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender’s participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pretrial diversion program may be placed under the […]
Section 12-17-226.13 – Liability of District Attorney, Staff, Officers, Etc.
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness, negligence, or intentional misconduct, the district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this division or of any service provider or its […]
Section 12-17-226.14 – Funding of Program.
Section 12-17-226.14 Funding of program. A pretrial diversion program established under this division may apply for grants, may accept donations from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of the pretrial diversion program. Absent an express agreement […]
Section 12-17-226.15 – Advisory Board.
Section 12-17-226.15 Advisory board. If a district attorney establishes a pretrial diversion program under this division, the district attorney may form an advisory board within the county or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial Diversion, for the purpose of assisting the district attorney in the determination of […]
Section 12-17-226 – Definitions.
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE. Work imposed as a condition of a pretrial diversion program that is intended for the […]
Section 12-17-226.1 – Authorization to Establish Program; Discretionary Powers; Supervision and Control; Intervention Plans.
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 […]