Section 45-35A-56 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Dothan as a condition precedent to participating in a pretrial diversion program. (2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal […]
Section 45-35A-56.01 Established; discretionary powers; supervision and control. (a) The City of Dothan, Alabama, may establish a pretrial diversion program. (b) All discretionary powers endowed by common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the City of Dothan shall be retained. (c) The […]
Section 45-35A-56.02 Application for admittance. An offender may apply to the city for admittance into the pretrial diversion program. (Act 2012-445, p. 1248, §3.)
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a threat to the safety or well being of the community shall not be eligible for the program. An offender charged with any of the following […]
Section 45-35A-56.04 Standards for admission. (a) The city attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state, city, and the offender […]
Section 45-35A-56.05 Admission into program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation process of the city attorney, the city attorney may require the offender to furnish information concerning past criminal history, education history, work record, family history, […]
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 […]
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, […]
Section 45-35A-56.08 Collection and disposition of funds. Application fees required by this part shall be collected by the court clerk of the Dothan Municipal Court. The fees shall be disbursed to each entity or department as allocated by Section 45-35A-56.07. (Act 2012-445, p. 1248, §9.)
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the […]
Section 45-35A-56.10 Violations; waiver. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the offender from the pretrial diversion program. (3) Require the offender […]
Section 45-35A-56.11 Liability of city attorney, agency, or service provider. In no event shall the city attorney or any other agency or service provider have any liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program or for acceptance of an offender into the program. (Act 2012-445, p. […]
