Section 45-28-82.34 – Advisory Board.
Section 45-28-82.34 Advisory board. The district attorney may form an advisory board within the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion to assist the district attorney in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance or denial of individuals […]
Section 45-28-82.01 – Deputy District Attorneys.
Section 45-28-82.01 Deputy district attorneys. (a) In Etowah County, there shall be three part-time deputy district attorneys. The part-time deputy district attorneys shall be appointed by and serve at the pleasure of the district attorney, shall perform such duties as the district attorney shall direct, and each shall receive as compensation for his or her […]
Section 45-28-82.20 – Definitions.
Section 45-28-82.20 Definitions. For purposes of this subpart, the following terms shall have the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the Sixteenth Judicial Circuit in Etowah County, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose […]
Section 45-28-82.21 – Established; Discretionary Powers; Supervision and Control.
Section 45-28-82.21 Established; discretionary powers; supervision and control. (a) The district attorney may establish a pretrial diversion program within the Sixteenth Judicial Circuit in Etowah County. (b) All discretionary powers endowed by the common law, provided for by statute and acts of this state, or otherwise provided by law for the district attorneys of this […]
Section 45-28-82.22 – Applicants for Admittance.
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of […]
Section 45-28-82.23 – Standards for Admission.
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the offense was committed. (2) There is a […]
Section 45-28-82.24 – Admission Into Program.
Section 45-28-82.24 Admission into program. (a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as […]
Section 45-28-82.25 – Program Requirements; Records; Restorative Justice Initiative.
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 […]
Section 45-28-82.26 – Time for Application.
Section 45-28-82.26 Time for application. An offender shall make application to the pretrial diversion program at a time to be determined by the district attorney. (Act 2011-606, p. 1342, §7.)
Section 45-28-82.27 – Costs and Fees.
Section 45-28-82.27 Costs and fees. (a) An offender may be assessed an application fee when he or she is approved for the program. 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 Science assessments, drug, alcohol, or […]