Title 12 — Title 12

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §2.)

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §3.)

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §4; Acts 1996, 2nd Ex. Sess., No. 96-856, p. 1664, §1.)

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §5.)

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §6.)

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.. History: (Acts 1988, 1st Ex. Sess., No. 88-921, p. 519, §7.)

Candidates to Designate Judgeship for Which They Are Candidate. In judicial circuits with more than one circuit judge, each judgeship shall be numbered. Candidates for the office of circuit judge in such circuits in any election shall designate the numbered judgeship for which th…

Generally. (a) Any district attorney, former district attorney or former circuit solicitor of this state: (1) Who has served continuously for 15 years as district attorney, former district attorney or former circuit solicitor and who is not less than 60 years of age and who has b…

Not Less Than 70 Years of Age. Any district attorney of this state who has served continuously for 15 years as district attorney and who is not less than 70 years of age may elect to become a supernumerary district attorney of the state by filing, while in service, a written decl…

Total Disability; 25 Years Continuous Service; 20 Years Service as Judge and District Attorney, Etc. Any district attorney or other like prosecuting officer by whatever name designated of this state who has served continuously for as much as 12 years and who has become permanentl…

Service Requirements; 18 Years of Service with Certain Service Requirements. (a) Any individual now serving or having formerly served as a district attorney of a judicial circuit of Alabama who has served for not less than 18 years, when he or she has reached the age of 60 years,…

Attorney. If the Governor shall find that any such declarant is qualified as set forth in this article, a commission as supernumerary district attorney for the State of Alabama shall thereupon be issued to such declarant by the Governor. The office of district attorney made vacan…

(a) The salary of each supernumerary district attorney shall be an amount equal to $500.00 less than the salary paid by the state to supernumerary circuit judges and shall be paid as other district attorneys’ salaries are now paid, for the payment of which an appropriation is her…

Supernumerary district attorneys shall take the oath of office prescribed by the constitution for judicial officers and shall have and exercise all the duties, power and authority of district attorneys of the judicial circuits or circuit courts and shall, upon request of the Gove…

Any person occupying the office of supernumerary district attorney shall not represent any client, other than the State of Alabama, himself or herself, or an immediate family member in any criminal, quasi-criminal, or civil forfeiture proceeding resulting from a criminal action w…

Each circuit judge must have resided in the circuit for which he is elected or appointed for at least 12 months preceding his election or appointment and must reside in such circuit during his continuance in office. History: (Code 1852, §§626, 643; Code 1867, §§744, 761; Code 187…

Funds; Financial Support. (a)(1) The district attorney of each judicial circuit may employ, in any manner as he or she shall determine necessary, assistant district attorneys, investigators, clerical, secretarial, and other personnel, who shall be paid from funds available for th…

(a) Unless otherwise provided by local law, the district attorney of any judicial circuit in this state may appoint a chief investigator and, from time to time, additional investigators who will each be a peace officer pursuant to Section 6-5-338. The chief investigator and other…

Estimates of Amounts Needed for Personnel and Office Expenses for Fiscal Year; Form and Contents Thereof; Submission to Legislature by Office of Prosecution Services of Unified Budget Request for Funding of Offices of District Attorneys. (a) Each district attorney shall submit to…

Tenth Judicial Circuit. The elected deputy district attorney of the tenth judicial circuit (the Bessemer cutoff) shall be, for the purpose of this division, considered a district attorney. History: (Acts 1977, No. 632, p. 940, §3.)

The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict herewith. History: (Acts 1977, No. 632, p. 940, §4.)

Processing Worthless Check Complaints; Fees and Restitution; Collection and Distribution. (a) Each district attorney may establish a special services division which shall be under the direction and control of the district attorney, and shall be organized for the following uses an…

It is the purpose of this legislation to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law, fines levied against criminals for wrongful conduct, and other court- ordered sums payable to the …

Any law to the contrary notwithstanding, each district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty payments, victim compensation assessments, bail bond …

State or Victim Are in Default. The court or the clerk of the court shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims’ restitution, or victims’ compensation assessments or like payments in any civil o…

Compliance. After notification as provided in Section 12-17-225.2, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments, including any of the following: (1) a petition for revocation of probation; (2) a show caus…

After a matter has been transferred to a district attorney under Section 12-17-225.2, a court shall assess a collection fee of 30 percent of the funds due which shall be added to the amount of funds due. Any amount collected pursuant to this division shall be distributed as follo…

There shall be an amnesty period of 60 days after August 7, 1995 during which any person may voluntarily pay in full any duly assessed court costs, fines, victim compensation assessments, bail bond forfeitures, penalty payments, restitution, or like payments in default. Commencin…

Charges Considered Civil Judgement. In addition to the provisions of this division, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court- ordered charges, including the collection fee of a court of competent jurisdiction…

Any district attorney and the Administrative Office of Courts in this state shall be allowed to contract with a private collection agency under the same terms and conditions as set forth in this division. History: (Acts 1995, No. 95-725, p. 1548, §8.)

The provisions of this division are supplemental to any procedures for the enforcement and collection of any court-ordered sums or forfeitures. The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict with this division.…

Any county which currently has local legislation pertaining to restitution recovery shall supersede this division. History: (Acts 1995, No. 95-725, p. 1548, §11.)

For purposes of this division, the following terms shall have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE. Work imposed as a condition of a …

and Control; Intervention Plans. (a) The district attorney of any judicial circuit of this state may establish a pretrial diversion program within that judicial circuit or any county within that judicial circuit. (b) All discretionary powers endowed by the common law, provided fo…

(a) In any case in which an offender is admitted into a pretrial diversion program established under this division, 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 leng…

(a) All remaining administration fees shall be allocated to the district attorney’s office. At the discretion of the district attorney, all administration fees paid by the offender pursuant to this division may either be paid to the district attorney, to be placed in the District…

(a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender’s participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pre…

(a) Absent wantonness, negligence, or intentional misconduct, the district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this division or of any servic…

A pretrial diversion program established under this division may apply for grants, may accept donations from individuals or corporations, and may receive funding or appropriations from city, county, or state agencies or departments to be used in the maintenance or expansion of th…

If a district attorney establishes a pretrial diversion program under this division, the district attorney may form an advisory board within the county or judicial circuit, which may be known as the Citizens Justice Advisory Board for Pretrial Diversion, for the purpose of assist…

to Opt into This Division. (a) A district attorney, to the extent practicable, may enter into an agreement with a community correction entity, to utilize the services of existing community corrections programs established pursuant to Section 15-18-170, or faith based community pr…

(a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other adm…

Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for…

(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit fo…

(a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) If the offender is 18 years of age or older at the time …

(a) Notwithstanding current law, admittance into the pretrial diversion program shall be in the discretion of the district attorney. To assist the district attorney in his or her decision to admit the offender into the pretrial diversion program, the district attorney, prior to t…

(a) An offender who enters into a pretrial diversion program established under this division shall be brought before a court of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) …

Program; Restorative Justice Initiative; Violations of Terms or Conditions. (a) An offender who enters into a pretrial diversion program established under this division may satisfy any of the following requirements: (1) Provide a statement admitting his or her participation in, a…

An offender shall make application to a pretrial diversion program established under this division at a time to be determined by the district attorney, but in the case of a felony, may not be more than 90 days after arraignment. History: (Act 2013-361, p. 1290, §8.)

(a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim’s compen…