Section 45-35A-56.06

Link to law: http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/45-35A-56.06.htm
Published: 2015

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Section 45-35A-56.06

Section 45-35A-56.06Written agreement; other terms and conditions.

(a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city 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 right of the offender to a speedy trial.



(2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court.



(3) An agreement to the conditions of the program established by the city attorney.



(4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city attorney taking into account circumstances of the offender and the victim.



(5) A waiver in writing of the right of the offender to a jury trial.



(6) A truthful and complete statement by the offender as to the involvement of the offender in the offense charged, which statement shall be admissible in any criminal trial.



(7) Submission of a written plea of guilty to the offense or offenses charged or agreed upon included offenses, together with an agreement as to whether the case is to be dismissed upon successful completion of the program, and an agreement, if there be any, as to the recommended sentence should a sentence be imposed.



(b) In addition to those requirements set forth in subsection (a), or as a condition of continued participation in the program, the city attorney may require the offender to agree to any of the following terms or conditions:



(1) To participate in substance abuse treatment.



(2) To participate in an education setting to include, but not limited to, K-12, college, job training, trade school, GED classes, or basic education courses.



(3) If appropriate, to attempt to learn to read and write the English language.



(4) To financially support his or her children or pay any court ordered child support.



(5) To refrain from the use of drugs or alcohol or frequenting places where drugs or alcohol are sold or used.



(6) To not commit any criminal offense.



(7) To refrain from contact with certain named persons or premises.



(8) To maintain or seek employment.



(9) To not leave this state without prior written consent of the city attorney or supervising agency or personnel.



(10) To maintain a residence approved by the city attorney or supervising agency or personnel.



(11) To attend individual, group, financial, chemical addiction, family, mental health, sex offender, or anger management counseling.



(12) To pay all court costs, fees, fines, and worthless checks, and obey any other lawful court order associated with the offense or offenses for which the offender has entered the program, or any other case.



(13) To refrain from the possession or use of any deadly weapon or dangerous instrument as defined in Section 13A-1-2.



(14) To pay supervision fees and application fees pursuant to this part.



(15) To observe curfews or home detention or travel constraints as set out in agreement signed by the offender.



(16) To have restitution, court costs, fees, child support, and any other moneys withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any other real or personal property of the offender, and applied to the above.



(17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse.



(18) To submit to periodic or random drug testing as part of the program and other terms and conditions related to substance abuse as the city attorney may direct.



(19) To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from the program.



(20) To any other terms or conditions as the city attorney or his or her designee and the offender may agree to in the above-stated agreement, it being the purpose of this part to allow the city attorney broad discretion in designing a program specifically for each offender and his or her particular circumstances.



(21) When applicable, to be required to pay supervision fees to the agency or entity responsible for monitoring and verifying the compliance of the offender with the terms of the program set forth by the city attorney. The fees shall be paid by the offender to the supervising entity in a timely manner.



(22) Community service with an approved community service, charitable, or nonprofit organization. The city attorney shall compile a list of approved organizations for each participant. Participants who wish to complete this requirement with an organization not on the list of the city attorney shall have any such organization preapproved by the city attorney.



(c) If the city attorney denies an applicant admission into the program, the denied applicant shall have the right to appeal the denial to the municipal court judge. The municipal court judge shall be vested with the authority to approve an applicant in cases wherein the municipal court judge determines that denial was not appropriate and that approval would be in the best interest of justice.

(Act 2012-445, p. 1248, §7.)