Alabama § 45-27-82.28 Written Agreement; Other Terms and Conditions

Alabama Statutes

§ 45-27-82.28 — Written Agreement; Other Terms and Conditions

Alabama § 45-27-82.28

JurisdictionAlabama

Title 45Local Laws

Ch. 27Escambia County

Art. 8Courts

Part 3District Attorney

Subpart 2Pretrial Diversion Program

This text of Alabama § 45-27-82.28 (Written Agreement; Other Terms and Conditions) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 45-27-82.28 (2026).

Text

(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 will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the sentence the offender will 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-first Judicial Circuit prior to admission

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(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 will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the sentence the offender will 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-first 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) Attend school, including, but not limited to, high school, college, job training school, trade school, or adult basic education courses.
(2) 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 counseling (individual, group, or family).
(8) Pay restitution to a victim if any is due.
(9) Pay court cost 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 cost, fines, fees, or child support withheld 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.