(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the district attorney shall dispose of the charges against the offender in a noncriminal manner or what charges the defendant shall plead guilty to and the sentence the offender shall receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receive a specific sentence, this agreement concerning the offense and sentence shall be approved by an appropriate circuit or district judge of the Twenty-fourth Judicial Circuit prior to admission of the offender in the pretrial diversion program.
(b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting to include, but not be limited to, K-12, college, job training school, trade school, GED classes, or adult basic education courses.
(2) If appropriate, attempt to learn to read and write.
(3) Financially support his or her children or pay child support.
(4) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.
(5) Refrain from contact with certain persons or premises.
(6) Maintain or seek employment.
(7) Attend individual, group, or family counseling.
(8) Pay approved restitution to a victim if any is due.
(9) Pay court costs and fines.
(10) Pay supervision fees and application fees pursuant to this subpart.
(11) Observe curfews or home detention or travel constraints as set out in the offender’s agreement.
(12) Enter into an agreement with the district attorney to have restitution, court costs, fines, fees, or child support either withheld or garnished from the wages or salary of the offender and applied to the restitution.
(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in the written agreement of the offender, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and circumstances of the offender.
Structure Code of Alabama
Division 4 - Pretrial Diversion Program.
Section 45-29-82.60 - Established; Discretionary Powers; Supervision and Control.
Section 45-29-82.61 - Definitions.
Section 45-29-82.62 - Applicants for Admittance.
Section 45-29-82.63 - Standards for Admission.
Section 45-29-82.64 - Admission Into Program.
Section 45-29-82.65 - Program Requirements.
Section 45-29-82.66 - Time for Application.
Section 45-29-82.67 - Costs and Fees.
Section 45-29-82.68 - Substance Abuse Treatment Program; Drug Testing.
Section 45-29-82.69 - Written Agreement; Other Terms and Conditions.
Section 45-29-82.70 - Pretrial Diversion Program Fund.
Section 45-29-82.71 - Violations; Waiver.
Section 45-29-82.72 - Liability of District Attorney.