Title 45 — Title 45
0 chapters · 2,494 sections in this title.
Ala. Code § 45-12-81 Salary of Judge of Probate
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Effective the beginning of the next term of office, the Judge of Probate of Choctaw County shall be entitled to receive an annual salary of fifty-five thousand dollars ($55,000) to be paid in equal monthly installments from the general fund of the county. Such salary shall be the…
Ala. Code § 45-12-81.20 Reimbursement of Judge of Probate
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(a) The Choctaw County Commission shall reimburse the office of judge of probate from the general fund of the county, the amount of any monetary loss, not to exceed a total payment of three thousand dollars ($3,000) per annum, arising or caused by error if the mistake or omission…
Ala. Code § 45-12-81.40 Additional Recording Fee on Documents Subject to Deed or Mortgage
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Tax; Choctaw County Probate Judge Fund. (a) The Judge of Probate of Choctaw County shall assess and collect an additional fee of ten dollars ($10) per instrument for all documents submitted for recording in probate court which are subject to a deed or mortgage tax. (b) The Chocta…
Ala. Code § 45-12-82 Definitions
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For the purposes of this part, the following terms shall have the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the First Judicial Circuit, State of Alabama, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employ…
Ala. Code § 45-12-82.01 Establishment of Pretrial Diversion Program; Discretionary Powers;
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Supervision and Control. (a) The District Attorney of the First Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discretion otherwise pro…
Ala. Code § 45-12-82.02 Applicants for Admittance
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(a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit or district court of the First Judicial Circuit may apply to the District Attorney of the First Judicial Circuit for admittance to the pretrial diversion program. (b) A …
Ala. Code § 45-12-82.03 Standards for Admission
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(a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (1) The offender is 18 years of age or older, or 16 years of age or older if the offense is a traffic citation, at the time the alleged offense was committed. (2) There is a p…
Ala. Code § 45-12-82.04 Admission into Program
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(a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family histor…
Ala. Code § 45-12-82.05 Program Requirements; Records
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(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, the appl…
Ala. Code § 45-12-82.06 Time for Application
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(a) Except for traffic offenses, an offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses, application shall be made within 21 days…
Ala. Code § 45-12-82.07 Costs and Fees
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(a) An applicant may be assessed a fee to be established by the district attorney when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or…
Ala. Code § 45-12-82.08 Self-Improvement or Self-Help Programs; Drug Testing
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The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program that the offender be admitted to a drug, alcohol, violence, or any other self-improvement or self-help program on an inpatient or outpatient basis or receive other treat…
Ala. Code § 45-12-82.09 Written Agreement; Other Terms and Conditions
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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 perio…
Ala. Code § 45-12-82.10 Pretrial Diversion Program Fund
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The district attorney shall establish a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund to pay costs associated with the administration of the pretrial diversion program and to pay those things earlier herein provi…
Ala. Code § 45-12-82.11 Violations; Waiver
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(a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue the prosecution of the offender for the c…
Ala. Code § 45-12-82.12 Liability of District Attorney
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The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program. History: (Act 2006-595, p. 1625, §13.)
Ala. Code § 45-12-82.13 Funding
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The pretrial diversion program may apply for and accept grant funding applicable to the aims of the program and may receive funding or appropriations from city, county, state, or federal agencies or departments to be used in the maintenance or expansion of the pretrial diversion …
Ala. Code § 45-12-82.14 Advisory Board
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The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates and conditions for participation in the program. The district attorney shall retain the final decision as to the admittance of individuals or administratio…
Ala. Code § 45-12-90 Reserved