Section 45-45A-31.20 Definitions. For the purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Huntsville as a condition precedent to participation in a pretrial diversion program. (2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the […]
Section 45-45A-31.21 Establishment of program. (a) The City of Huntsville may establish a pretrial diversion program. (b) All discretionary powers endowed by a common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the City of Huntsville shall be retained. (c) The pretrial diversion program […]
Section 45-45A-31.22 Applicants for admittance. Admittance into the pretrial diversion program is in the sole discretion of the city judge. An offender deemed by the city judge 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 types […]
Section 45-45A-31.23 Standards for admission. (a) The city judge 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 45-45A-31.24 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 probation department of the city, the probation officer may require the offender to furnish information concerning past criminal history, education history, work […]
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge to admit the offender into the pretrial diversion program, but prior to entry, the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all […]
Section 45-45A-31.26 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 45-45A-31.27 Collection and disbursement of fees. Application fees required by this subpart shall be collected by the court clerk of the Huntsville Municipal Court. The fees shall be disbursed to each entity or department as allocated by Section 45-45A-31.26. (Act 2013-356, p. 1277, § 8.)
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial diversion program by the city judge, 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 offender by the city judge, and the agreement […]
Section 45-45A-31.29 Violations. (a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city judge 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 to […]
Section 45-45A-31.30 Liability for conduct of offender. In no event shall the city judge, 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 2013-356, p. […]
