2024 Code of Alabama
Title 45 - Local Laws.
Chapter 57 - Russell County.
Article 8 - Courts.
Part 3 - District Attorney.
Subpart 3 - Pretrial Diversion.
Section 45–57–82.45 - Pretrial Diversion Program Written Agreement.
Section 45–57–82.45
Pretrial Diversion Program Written Agreement.
(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 shall include, but not be limited to, all of the following:
(1) A voluntary waiver
of the offenders right to a speedy
trial.
(2) An agreement to the tolling, while in the program, of periods of
limitations established by statute or rules of court.
(3) An agreement to the conditions of the program established by the
district attorney.
(4) If there is a victim of the charged crime, an agreement to pay
restitution within a specified period of time and according to a specified
payment schedule setting forth the amounts of each payment. The offender shall further agree to
extend the jurisdiction of the court beyond completion of any disposition of
the case, end of sentence, termination of parole or probation, or conclusion of
the pretrial diversion program to enforce collection of restitution, court
costs, fines, fees, or other agreed upon
or court ordered monies.
(5) A waiver in writing of the offender’s right to a trial by
jury.
(6) A written statement as to the offender’s involvement in the offense
charged, which statement shall be admissible in any criminal trial.
(7) The entering of a plea of guilty
to the offense charged.
(b) In addition to the requirements set forth in subsection (a) or as a
condition of continued participation in the program,
the district attorney
may require the offender
to agree to any or all of the following
terms or conditions:
(1) Participation in a substance abuse
treatment program.
(2) Participation in an education setting to include, but not be limited
to, K–12, college, job or vocational training, GED classes,
trade school, or basic
education courses.
(3) Financially supporting his or her children or paying any court ordered child support.
(4) Refraining from the use of drugs or alcohol or from frequenting places where drugs or alcohol are sold or used.
(5) Not committing any new criminal offense.
(6) Refraining from contact
with certain named persons or premises.
(7) Seeking and maintaining employment.
(8) Maintaining a residence approved by the district attorney
or supervising agency.
(9) Attending individual, group, financial, chemical addiction, family,
mental health, anger management, or parenting counseling.
(10) Paying all court costs and fees, fines, worthless checks, and obeying
any other lawful court order associated with the offense for which the offender
has entered the program.
(11) Refraining from the unlawful possession or use of any deadly weapon
or dangerous instrument.
(12) Paying supervision, application, and any other fees incurred pursuant
to this program.
(13) Observing curfews or home detention or travel constraints as set out by the district attorney.
(14) Admission to an outpatient or inpatient drug or alcohol treatment program.
(15) Submission to periodic or random drug testing.
(16) When applicable, paying supervision fees to any agency or entity
responsible for monitoring and verifying the offender’s compliance with the
terms of the program as set forth by the district attorney.
(17) Any other terms or conditions as the district attorney or his or her
designee and the offender may agree to, it being
the purpose of this subpart to allow the district attorney
broad discretion in designing a program specifically for each offender
and his or her particular circumstances.
(Act 2012–364, p. 907, § 6.)
