AL Code § 45-42-82.46 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 42 - Limestone County.|Article 8 - Courts.|Part 3 - District Attorney.|Division 3 - Pretrial Diversion Program.|Section 45-42-82.46 - Written Agreement; Other Terms and Conditions.

Section 45-42-82.46Written agreement; other terms and conditions. (a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district 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, the following: (1) A voluntary waiver of the offender’s right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) An agreement to the conditions of the program established by the district attorney. (4) If there is a victim of the charged 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 waiver in writing of the offender’s right to a jury trial. (6) A statement as to the offender’s involvement in the offense charged, which statement shall be admissible in any criminal trial. (7) If requested by the district attorney, a written plea of guilty to the offense charged or agreed upon included offense. (8) An agreement in writing to the jurisdiction of the court beyond completion of any disposition of the case, end of sentence, termination of parole or probation, or conclusion of the pretrial diversion program to enforce collection of restitution, cost of court, fines, fees, or other agreed upon or court ordered monies, pursuant to Section 12–17–225. (b) In addition to the requirements set forth in subsection (a), or as a condition of continued participation in the program, the district attorney may require the offender to agree to any of the following terms or conditions: (1) Participating in substance abuse treatment. (2) Participating in an education setting to include, but not be limited to, K–12, college, job training, trade school, GED classes, or basic education courses. (3) If appropriate, learning to read and write the English language. (4) Providing financial support of his or her children or payment of any court ordered child support. (5) Refraining from the use of drugs or alcohol or frequenting places where drugs or alcohol are sold or used. (6) Not committing any criminal offense. (7) Refraining from contact with certain named persons or premises. (8) Maintaining or seeking employment. (9) Not leaving the State of Alabama without prior written consent of the district attorney or supervising agency or personnel. (10) Maintaining a residence approved by the district attorney or supervising agency or personnel. (11) Attending individual, group, financial, chemical addiction, or family, mental health, or anger management counseling. (12) Paying all court costs and fees, fines, and worthless checks and obeying any other lawful court order associated with the offense for which the offender has entered the program, or any other case. (13) Refraining from the possession or use of any deadly weapon or dangerous instrument. (14) Paying supervision fees and application fees pursuant to this subpart. (15) Observing curfews or home detention or travel constraints as set out in the agreement signed by the offender. (16) Having 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 applied to the above. (17) Being admitted to a drug or alcohol treatment program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. (18) Submitting to periodic or random drug testing as a part of the program and other terms and conditions related to substance abuse as the district attorney may direct. (19) Any other term or condition 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. (20) When applicable, paying supervision fees to the agency or entity responsible for monitoring and verifying the offender’s compliance with the terms of the program set forth by the district attorney. Such fees shall be paid by the offender to the supervising entity in a timely manner. (Act 2012­360, p. 892, § 7.)