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 […]
Section 45-27-82.21 Applicants for admittance. (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit or district court of the Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first Judicial Circuit for admittance to the pretrial diversion program. A person charged with […]
Section 45-27-82.22 Standards for admission. (a) Diversion shall be appropriate if: (1) The offender is 18 years of age or older at the time the alleged offense was committed. (2) There is a likelihood justice will be served if the offender is placed in the diversion program. (3) It is determined the needs of the […]
Section 45-27-82.23 Admission into program. (a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological […]
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 […]
Section 45-27-82.25 Time for application. (a) An offender shall make application to the pretrial diversion program no later than 45 days after service of the warrant or within 21 days following appointment of counsel for the charge for which the offender applies or at his or her first court appearance. (b) In the discretion of […]
Section 45-27-82.26 Costs and fees. (a) An applicant may be assessed a fee of not more than one thousand dollars ($1,000) when the applicant is approved for the program. The amount of the assessment for participation in the program shall be set from time to time by the district attorney. The assessment shall be in […]
Section 45-27-82.27 Treatment programs; 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 […]
Section 45-27-82.28 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 […]
Section 45-27-82.29 Pretrial diversion fund. The district attorney shall establish a Pretrial Diversion Fund. All fees paid by offenders as set out in this subpart to the district attorney shall be placed into the Pretrial Diversion Fund. The district attorney shall use the funds to pay costs associated with the administration of the pretrial diversion […]
Section 45-27-82.30 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender shall be given written notice of […]
