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Division 1 - General Provisions.
Section 12-17-180 - When Elected; Term of Office. - At the general election held on the first Tuesday after...
Section 12-17-181 - Filling of Vacancies. - Vacancies in the office of district attorney are filled by...
Section 12-17-182 - Compensation. - (a)(1) Subject to subdivision (2), district attorneys for each judicial...
Section 12-17-183 - Residence; Vacation of Office for Nonresidency. - Every district attorney must have resided in the circuit for...
Section 12-17-184 - Powers and Duties Generally. - It is the duty of every district attorney and assistant...
Section 12-17-185 - Duty to Attend Court. - (a) It is the duty of every district attorney to...
Section 12-17-186 - Appointment of Attorney to Act for District Attorney When Office Vacant, District Attorney Disqualified, Etc. - (a) The presiding judge of the circuit court, the district...
Section 12-17-187 - Failure to Collect Amounts Due to County From Public Officers. - Repealed by Acts 1977, No. 607, p. 812, § 9901,...
Section 12-17-188 - Suspension From Office - Indictment Pending. - When it shall be made known to any court that...
Section 12-17-189 - Suspension From Office - Appointment and Compensation of District Attorney Pro Tem. - When any district attorney is suspended, the court shall appoint...
Section 12-17-190 - Suspension From Office - When Order of Suspension Set Aside. - When it shall be known to the court that there...
Section 12-17-191 - Allowance for Attendance Outside Home County. - District attorneys in judicial circuits of more than one county...
Section 12-17-192 - Additional Allowance in Circuits Having Four or More Counties. - In addition to the expenses now allowed by law to...
Section 12-17-193 - Fees of District Attorneys to Be Paid Into State Treasury. - All fees which may be by law taxed as district...
Section 12-17-194 - Commencing Prosecution on Own Affidavit. - Any district attorney who commences a prosecution for any criminal...
Section 12-17-195 - Assistant District Attorneys Representing Defendants Charged With Criminal Offenses. - Any assistant district attorney who acts as attorney for, represents...
Section 12-17-196 - Restrictions on Law Partners Defending Criminal Cases. - Any law partner or partners of any district attorney or...
Section 12-17-197 - District Attorney's Fund. - (a) This section shall be effective in those judicial circuits...
Section 12-17-198 - Appointment, Number and Compensation of Assistant District Attorneys. - (a) The district attorney may appoint full-time or part-time assistant...
Section 12-17-199 - Entitlement of Elected Assistant District Attorneys to Entitlements in Article. - All laws to the contrary notwithstanding, any elected assistant district...
Division 1A - District Attorneys' Spouses Fund.
Section 12-17-201 - Creation and Establishment of Fund; Source of Fund. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Section 12-17-202 - Administration; Disbursement. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Section 12-17-203 - Eligibility. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Section 12-17-204 - Coverage; Contributions; Participation. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Section 12-17-205 - Credit for Prior Service. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Section 12-17-206 - Benefits. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Section 12-17-207 - Termination of Service Prior to Assumption of Supernumerary Status. - Repealed by Act 2000-155, p. 221, §1, effective March 24,...
Division 2 - Supernumerary District Attorneys.
Section 12-17-210 - Qualifications for Supernumerary Status - Elected District Attorneys Generally. - (a) Any district attorney, former district attorney or former circuit...
Section 12-17-211 - Qualifications for Supernumerary Status - Fifteen Years of Service and Not Less Than 70 Years of Age. - Any district attorney of this state who has served continuously...
Section 12-17-212 - Qualifications for Supernumerary Status - Twelve Years Service and Total Disability; 25 Years Continuous Service; 20 Years Service as Judge and District Attorney, Etc. - Any district attorney or other like prosecuting officer by whatever...
Section 12-17-213 - Qualifications for Supernumerary Status - Sixty Years of Age With Certain Service Requirements; 18 Years of Service With Certain Service Requirements. - (a) Any person now serving or having formerly served as...
Section 12-17-214 - Issuance of Commission; Filling of Vacancies in Office of District Attorney. - If the Governor shall find that any such declarant is...
Section 12-17-215 - Compensation; Term of Office; Impeachment. - (a) The salary of each supernumerary district attorney shall be...
Section 12-17-216 - Oath of Office; Powers and Duties. - Supernumerary district attorneys shall take the oath of office prescribed...
Section 12-17-217 - Any person occupying the office of supernumerary district attorney shall...
Division 3 - Assistants, Investigators, and Other Personnel; Budget Procedures.
Section 12-17-220 - Powers of District Attorneys as to Employment, Compensation, etc., of Assistants, Investigators, etc., to Serve at District Attorney's Pleasure; Such Employees Not Covered by State Merit System Act; Supplementation of State Expend... - (a) The district attorney of each judicial circuit is hereby...
Section 12-17-220.1 - Appointment of Investigators by District Attorney of Any Judicial Circuit. - (a) Unless otherwise provided by local law, the district attorney...
Section 12-17-221 - Submission to Office of Prosecution Services by District Attorneys of Estimates of Amounts Needed for Personnel and Office Expenses for Fiscal Year; Form and Contents Thereof; Submission to Legislature by Office of Prosecution Ser... - (a) Each district attorney shall submit to the Office of...
Section 12-17-222 - Applicability of Division to Deputy District Attorney of Bessemer Cutoff of Tenth Judicial Circuit. - The elected deputy district attorney of the tenth judicial circuit...
Section 12-17-223 - Construction of Division. - The provisions of this division are supplemental and shall not...
Section 12-17-224 - Special Services Division; Worthless Check Unit; Guidelines for Processing Worthless Check Complaints; Fees and Restitution; Collection and Distribution. - (a) Each district attorney may establish a special services division...
Division 4 - Restitution Recovery Division.
Section 12-17-225 - Purpose. - It is the purpose of this legislation to ensure that...
Section 12-17-225.1 - District Attorneys Authorized to Establish Division. - Any law to the contrary notwithstanding, each district attorney may...
Section 12-17-225.2 - Court or Clerk of Court to Notify District Attorney When Payments to State or Victim Are in Default. - The court or the clerk of the court shall notify...
Section 12-17-225.3 - District Attorney Authorized to Take Lawful Steps to Require Compliance. - After notification as provided in Section 12-17-225.2, the district attorney...
Section 12-17-225.4 - Collection Fee. - After a matter has been transferred to a district attorney...
Section 12-17-225.5 - Amnesty Period. - There shall be an amnesty period of 60 days after...
Section 12-17-225.6 - Costs, Bail Bond Forfeitures, Restitution, and Other Court-Ordered Charges Considered Civil Judgement. - In addition to the provisions of this division, all court...
Section 12-17-225.7 - Contracting With Private Collection Agency Allowed. - Any district attorney and the Administrative Office of Courts in...
Section 12-17-225.8 - Provisions of Division Are Supplemental. - The provisions of this division are supplemental to any procedures...
Section 12-17-225.9 - Local Legislation to Supersede Division. - Any county which currently has local legislation pertaining to restitution...
Division 5 - Pretrial Diversion Program.
Section 12-17-226 - Definitions. - For purposes of this division, the following terms shall have...
Section 12-17-226.1 - Authorization to Establish Program; Discretionary Powers; Supervision and Control; Intervention Plans. - (a) The district attorney of any judicial circuit of this...
Section 12-17-226.2 - Applicants for Admittance. - (a) A person charged with a criminal offense specified in...
Section 12-17-226.3 - Standards for Admission. - (a) In determining whether an offender may be admitted into...
Section 12-17-226.4 - Admission Into Program. - (a) Notwithstanding current law, admittance into the pretrial diversion program...
Section 12-17-226.5 - Program Requirements; Counsel; Costs. - (a) An offender who enters into a pretrial diversion program...
Section 12-17-226.6 - Acceptance Into Program; Termination From Program; Completion of Program; Restorative Justice Initiative; Violations of Terms or Conditions. - (a) An offender who enters into a pretrial diversion program...
Section 12-17-226.7 - Time for Application. - An offender shall make application to a pretrial diversion program...
Section 12-17-226.8 - Fees. - (a) An offender may be assessed an administration fee when...
Section 12-17-226.9 - Treatment Programs; Drug Testing. - The district attorney and the offender may enter into an...
Section 12-17-226.10 - Written Agreement; Other Terms and Conditions. - (a) In any case in which an offender is admitted...
Section 12-17-226.11 - Disposition of Funds. - (a) All remaining administration fees shall be allocated to the...
Section 12-17-226.12 - Violations; Waiver. - (a)(1) If the offender violates the conditions of a pretrial...
Section 12-17-226.13 - Liability of District Attorney, Staff, Officers, Etc. - (a) Absent wantonness, negligence, or intentional misconduct, the district attorney...
Section 12-17-226.14 - Funding of Program. - A pretrial diversion program established under this division may apply...
Section 12-17-226.15 - Advisory Board. - If a district attorney establishes a pretrial diversion program under...
Section 12-17-226.16 - Utilization of Community Programs and Drug Court Programs; Election to Opt Into This Division. - (a) A district attorney, to the extent practicable, may enter...
Section 12-17-226.17 - Pretrial Diversion Offender Database. - (a) The Office of Prosecution Services shall develop and maintain...
Section 12-17-226.18 - Ability to Pay Fees or Costs. - Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any...
Division 6 - District Attorneys'plan for Retirement.
Section 12-17-227 - (Effective November 8, 2016, Subject to Contingencies) Definitions. - When used in this division, the following terms shall have...
Section 12-17-227.1 - (Effective November 8, 2016, Subject to Contingencies) District Attorneys' Plan Established. - There is hereby created and established the District Attorneys' Plan...
Section 12-17-227.2 - (Effective November 8, 2016, Subject to Contingencies) Scope and Applicaton of Plan; Contributions. - (a) Every district attorney first elected or appointed to his...
Section 12-17-227.3 - (Effective November 8, 2016, Subject to Contingencies) Transfer of Membership Service and Accumulated Contributions. - (a) Any active and contributing member of the District Attorneys'...
Section 12-17-227.4 - (Effective November 8, 2016, Subject to Contingencies) Service Retirement Allowance. - (a) Any member who withdraws from service upon or after...
Section 12-17-227.5 - (Effective November 8, 2016, Subject to Contingencies) Disability Retirement Allowance. - (a) Upon application of an active and contributing member, any...
Section 12-17-227.6 - (Effective November 8, 2016, Subject to Contingencies) Payments From Plan; Optional Allowances; Replacement Beneficiaries. - THIS SECTION WAS AMENDED BY ACT 2022-184 IN THE 2022...
Section 12-17-227.7 - (Effective November 8, 2016, Subject to Contingencies) Cancellation of Survivor Allowance. - Any member of the plan who is retired and who...
Section 12-17-227.8 - (Effective November 8, 2016, Subject to Contingencies) Withholdings From Retirement Pay. - (a) Any member who, at the time of his or...
Section 12-17-227.9 - (Effective November 8, 2016, Subject to Contingencies) Management and Supervision of Plan; Rulemaking Authority. - The District Attorneys' Plan shall be under the management and...
Section 12-17-227.10 - (Effective November 8, 2016, Subject to Contingencies) Legislation to Include Costs. - All proposed legislation affecting the plan shall be accompanied by...
Section 12-17-227.11 - (Effective November 8, 2016, Subject to Contingencies) Supernumerary Program; Participation Election. - (a) A person serving as district attorney, supernumerary district attorney,...
Section 12-17-227.12 - (Effective November 8, 2016, Subject to Contingencies) Fraud; Correction of Errors. - (a) Any person who shall knowingly make any false statement...
Section 12-17-227.13 - (Effective November 8, 2016, Subject to Contingencies) Exemption From Taxes; Assignability. - The right of a person to a pension, an annuity,...
Section 12-17-227.14 - (Effective November 8, 2016, Subject to Contingencies) Admissibility of Evidence. - Official copies of records or documents maintained on microfilm, microfiche...
Section 12-17-227.15 - (Effective November 8, 2016, Subject to Contingencies) Relation to Other Laws. - No other provision of law in any other statute which...
Section 12-17-227.16 - (Effective November 8, 2016, Subject to Contingencies) Compliance With Qualification Standards. - The Board of Control is authorized to implement any new...