(a)Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney or his or her designee and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the pretrial diversion program. This agreement shall include, but not be limited to, the following:
(1)A voluntary waiver of his or her right 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 pretrial diversion program established by the district attorney or his or her designee.
(4)If there is a victim of the crime, an agreement to a restitution repayment within a spe
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(a)
Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney or his or her designee and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the pretrial diversion program. This agreement shall include, but not be limited to, the following:
(1)
A voluntary waiver of his or her right 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 pretrial diversion program established by the district attorney or his or her designee.
(4)
If there is a victim of the crime, an agreement to a restitution repayment within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and the victim.
(5)
A statement by the offender admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program.
(b) In addition to those requirements set forth in subsection (a), or as a condition of continued participation in the pretrial diversion program, the district 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 be limited to, K–12, college, job training school, trade school, GED classes, or adult basic education courses.
(3) If appropriate, to attempt to learn to read and write.
(4) To financially support his or her children or pay child support.
(5) To refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.
(6) To refrain from contact with certain persons or premises.
(7) To maintain or seek employment.
(8) To attend individual, group, financial, chemical addiction, or family mental health counseling.
(9) To pay any court costs, fines, worthless checks, or obey any other lawful court order.
(10) To refrain from the possession or use of any deadly weapon or dangerous instrument.
(11) To pay supervision fees and application fees pursuant to this subpart.
(12) To observe curfews or home detention or travel constraints as set out in the agreement signed by the offender.
(13) To have restitution, court costs, fees, child support, and any other monies due either withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax refund due the offender and applied to the above.
(14) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse.
(15) To submit to periodic or random drug testing as a part of the pretrial diversion program and other terms and conditions related to substance abuse as the district attorney may direct.
(16) To any other terms or conditions as the district attorney or his or her designee and the offender may agree to in the above-stated agreement, 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.
(17) When applicable, to be required to pay supervision fees to the agency or entity responsible for monitoring and verifying his or her compliance with terms of the pretrial diversion program set forth by the district attorney. These fees shall be paid by the offender to the supervising entity in a timely manner.