Section 45-42-82-42 Application for admittance. An offender may apply to the district attorney for admittance into the pretrial diversion program. The application shall be made in the time and manner designated by the district attorney. (Act 2012360, p. 892, § 3.)
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 […]
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control. (a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the […]
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses […]
Section 45-42-82.44 Standards for admission. (a) The district 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 and of the offender […]
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission and as a part of the district attorney’s evaluation process, the district attorney may require the offender to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric […]
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district 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 45-42-82.47 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 or fees and assessments for the crime victim’s compensation fund, Department of Forensic Sciences […]
Section 45-42-82.48 Collection and disposition of funds. (a) Application fees required by this subpart shall be collected by the appropriate circuit or district court clerk of the Thirty-ninth Judicial Circuit. The fees shall be disbursed to the appropriate court clerk, the Limestone County Children’s Advocacy Center, the Limestone County Family Resource Center, and the Limestone […]
Section 45-42-82.49 Program requirements; termination from program liability for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district attorney and the offender shall submit the offender’s written application together with the offender’s statement of facts, the district attorney’s acceptance of the offender, and the agreement between the district […]
Section 45-42-82.50 Violations; waiver. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the district attorney may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the agreement. (3) Require the offender to adopt a new agreement […]
Section 45-42-82.51 Liability of district attorney, agency, or service provider. In no event shall the district attorney, the Limestone County Community Corrections program, the Limestone County Drug Court, 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 […]
Section 45-42-82.52 Supervision of offenders. The district attorney, to the extent practicable, shall utilize the services of community corrections programs established pursuant to Section 15–18–170, to provide for the supervision of offenders in the pretrial diversion program. (Act 2012360, p. 892, § 13.)
