reglab/housing_qa huggingface dataset:
AL Code § 12-17-226.1 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.1 - Authorization to Establish Program; Discretionary Powers; Supervision and Control; Intervention Plans.

Section 12-17-226.1Authorization to establish program; discretionary powers; supervision 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 for by statute and acts of this state, or otherwise provided by law for the district attorneys of this state shall be retained. (c) A county pretrial diversion program established under subsection (a) shall be under the direct supervision and control of the district attorney. The district attorney may contract with any agency, person, or corporation, including, but not limited to, certified and judicially sanctioned community corrections programs, certified mental health and drug treatment programs, family service programs, or any certified not-for-profit programs for services related to this division. The district attorney may employ persons necessary to accomplish the purposes of this division, who shall serve at the pleasure of the district attorney. (d) The pretrial diversion program should utilize individual and realistic intervention plans which feature achievable goals. Any plan formulated shall occur as soon as possible after enrollment by the offender and shall be reduced to writing. (e) This division shall not apply to juvenile delinquency proceedings in juvenile court. (Act 2013-361, p. 1290, §2.)
AL Code § 12-17-226.4 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.4 - Admission Into Program.

Section 12-17-226.4Admission into program. (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 the offender being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, educational history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program. (b) The district attorney may require the offender to submit to any examinations, test, or evaluation process the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this division. (c) If requested by the district attorney or the court, a program certified by the Alabama Department of Mental Health may provide a mental health evaluation, including a drug addiction assessment for any offender who has applied for the program pursuant to this division, any local pretrial diversion program, or any drug court program created by statute. (Act 2013-361, p. 1290, §5.)
AL Code § 12-17-226.5 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.5 - Program Requirements; Counsel; Costs.

Section 12-17-226.5Program requirements; counsel; costs. (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) Agree, in writing, to the tolling of periods of limitations established by statutes or rules of court while in the program. (3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering into any agreement or seeking entry into a pretrial diversion program created pursuant to this division, an offender must be represented by counsel or waive his or her right to have counsel before a judge of a court of competent jurisdiction. If the offender is indigent, nothing in this division shall prevent the court from appointing counsel to represent an offender. (c) An offender who enters a pretrial diversion program pursuant to this division shall reasonably be informed of the cost of the administration fee and, as practicable as possible, any other costs that will be required for the offender to pay for participation in the program. Restitution, or portions thereof, may be left open where amounts are difficult to determine or, due to the nature of the harm, may increase or decrease over the period. (Act 2013-361, p. 1290, §6.)
AL Code § 12-17-226.7 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.7 - Time for Application.

Section 12-17-226.7Time for application. 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. (Act 2013-361, p. 1290, §8.)
AL Code § 12-17-226.9 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.9 - Treatment Programs; Drug Testing.

Section 12-17-226.9Treatment programs; drug testing.  The district attorney and the offender may enter into an agreement, as a part of a pretrial diversion program established under this division, that the offender be admitted to a certified drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorney may require the offender to submit to periodic or random drug testing or other terms and conditions related to substance abuse. The offender shall pay the costs of all services unless otherwise approved by the district attorney. (Act 2013-361, p. 1290, §10.)
AL Code § 12-17-226.11 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.11 - Disposition of Funds.

Section 12-17-226.11Disposition of funds. (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 Attorney's Solicitor Fund, or if the district attorney and the clerk agree, may be paid to the circuit clerk of the jurisdiction for distribution to the District Attorney's Solicitor Fund. In the event that the district attorney elects to have the administration fee paid to the circuit clerk for ultimate distribution to the Solicitor Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for processing. (b) All fees paid to the district attorney pursuant to this division shall be paid into the District Attorney's Solicitor Fund and shall be used to pay costs associated with the administration of the pretrial diversion program or for any other law enforcement purpose.  (c) Costs associated with program administration shall be paid from fees collected and include, but are not limited to, salaries, rent, vehicles, uniforms, telephones, postage, office supplies, public education, reports, equipment, training and travel services, service contracts, or professional services. The district attorney may pay for services or programs for an offender while the offender is in the pretrial diversion program if special circumstances and justice dictate. (Act 2013-361, p. 1290, §12.)
AL Code § 12-17-226.12 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.12 - Violations; Waiver.

Section 12-17-226.12Violations; waiver.  (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 pretrial diversion program may be placed under the supervision of an existing community corrections program, or other alternative diversionary program, provided that the supervision is consistent with public safety and the best interests of the offender in furtherance of his or her treatment and rehabilitation in the community. (2) The court and the offender shall be given written notice of the intent of the district attorney to terminate the offender from the pretrial diversion program including the reason for the termination. If the offender is unavailable for notice or has absconded, the district attorney may provide notice of termination from the pretrial diversion program, or any portion thereof, by giving notice to the offender's attorney of record or by regular mail to the most recent known address provided by the offender. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2013-361, p. 1290, §13.)
AL Code § 12-17-226.13 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.13 - Liability of District Attorney, Staff, Officers, Etc.

Section 12-17-226.13Liability of district attorney, staff, officers, etc. (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 service provider or its agents that are contracted to or who have agreed to provide services to the pretrial diversion program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney, or his or her staff or its officers or employees, shall have no liability, criminal or civil, for any injury or harm to the offender while the offender is a participant in any pretrial diversion program administered pursuant to this division. The district attorney may require written agreed upon waivers of liability as a prerequisite for admittance into the pretrial diversion program. (c) Absent an agreement which includes the consent of the county commission, the sheriff, and the district attorney, neither the county nor the sheriff shall have any responsibility for a pretrial diversion program established under this division, including, but not limited to, the payment of any expenses which may be necessary to operate the program. Under no circumstances shall the county or the sheriff have any liability, criminal or civil, for any conduct by an offender or any injury or harm to the offender while he or she is a participant in any program authorized by this division. (Act 2013-361, p. 1290, §14.)
AL Code § 12-17-226.14 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.14 - Funding of Program.

Section 12-17-226.14Funding of program. 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 the pretrial diversion program. Absent an express agreement between the county commission, sheriff, and district attorney, no county commission or any of its departments or agencies shall be required to participate in, or provide funding for, any pretrial diversion program established under this division. (Act 2013-361, p. 1290, §15.)
AL Code § 12-17-226.15 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.15 - Advisory Board.

Section 12-17-226.15Advisory board. 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 assisting the district attorney in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final decision as to the admittance or denial of individuals into the pretrial diversion program, the fees, the guidelines of the program, and any resources the pretrial diversion program utilizes. The district attorney shall appoint all members of any advisory board and shall determine when or if it should meet. The board shall be inclusive and reflect the racial, gender, geographic, urban and rural, and economic diversity of the circuit. The advisory board shall serve without personal profit, but may be paid from the District Attorney's Solicitor Fund for actual expenses incurred in connection with its duties. (Act 2013-361, p. 1290, §16.)
AL Code § 12-17-226.16 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.16 - Utilization of Community Programs and Drug Court Programs; Election to Opt Into This Division.

Section 12-17-226.16Utilization of community programs and drug court programs; election 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 programs, which are certified by the Alabama Department of Mental Health, to provide for the supervision of defendants participating in a pretrial diversion program established under this division. The district attorney may enter into an agreement with a drug court entity to utilize the services of existing certified drug court programs established pursuant to Section 12-23A-4, provided that the district attorney determines it would serve the best interest of justice and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11, if, upon enactment of this legislation, a pretrial diversion program, or an equivalent, has been established in the judicial circuit by local law, with regard only to a pretrial diversion program in a circuit court or district court, the district attorney may choose to adopt this division in its entirety or any portion or portions that the district attorney believes would best serve the interest of justice and the community. (c) If, pursuant to subsection (b), a district attorney elects to opt into any provision or provisions of this division, he or she must file such an election with the Office of Prosecution Services. (Act 2013-361, p. 1290, §17.)
AL Code § 12-17-226.18 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 5 - Pretrial Diversion Program.|Section 12-17-226.18 - Ability to Pay Fees or Costs.

Section 12-17-226.18Ability to pay fees or costs. 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 paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future. (Act 2013-361, p. 1290, §19.)
AL Code § 12-17-227 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 6 - District Attorneys'plan for Retirement.|Section 12-17-227 - (Effective November 8, 2016, Subject to Contingencies) Definitions.

Section 12-17-227(Effective November 8, 2016, subject to contingencies) Definitions. When used in this division, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ACCUMULATED CONTRIBUTIONS. The sum of all the amounts deducted from the compensation of a member credited to his or her individual account in the District Attorneys' Plan, together with regular interest thereon. (2) ACTUARIAL EQUIVALENT. A benefit of equal value when computed upon the basis of the mortality tables adopted by the Board of Control and regular interest. (3) ANNUITY. Payments for life derived from the accumulated contributions of a member. All annuities shall be payable in equal monthly installments. (4) AVERAGE FINAL COMPENSATION. The average annual compensation of a district attorney with respect to which he or she had made contributions pursuant to Section 12-17-227.2 during the five years in his or her last 10 years of membership service for which the average is highest or during his or her entire period of membership service if less than five years. (5) BENEFICIARY. Any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this division. (6) BOARD OF CONTROL. The board provided for in Section 36-27-23 to administer the retirement system. (7) DISTRICT ATTORNEY. Except as otherwise provided in Section 12-17-227.11, any district attorney first elected or appointed to his or her position on or after November 8, 2016. (8) EMPLOYER. The State of Alabama or any department, agency, or local governing body by which a district attorney is paid. (9) FUND. The Judicial Retirement Fund provided for in Chapter 18 of this title. (10) MEDICAL BOARD. The board of physicians provided for in Section 36-27-23. (11) MEMBER. Any district attorney included in membership of the plan.  (12) MEMBERSHIP SERVICE. Service as a district attorney on account of which contributions are made. (13) PENSION. Payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments. (14) PLAN. The District Attorneys' Plan provided for in Section 12-17-227.1. (15) REGULAR INTEREST. Interest compounded annually at the rate determined by the Board of Control. (16) RETIREMENT. Withdrawal from active service with a retirement allowance or optional benefit in lieu thereof granted under this division. (17) RETIREMENT ALLOWANCE. The sum of the annuity and the pension. (18) RETIREMENT SYSTEM. The Employees' Retirement System of Alabama as defined in Section 36-27-2. (19) SUPERNUMERARY DISTRICT ATTORNEY. A supernumerary district attorney who has elected to come under the provisions and requirements of Division 2 of this article. (Act 2015-498, §18.)
AL Code § 12-17-227.1 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 6 - District Attorneys'plan for Retirement.|Section 12-17-227.1 - (Effective November 8, 2016, Subject to Contingencies) District Attorneys' Plan Established.

Section 12-17-227.1(Effective November 8, 2016, subject to contingencies) District Attorneys' Plan established.  There is hereby created and established the District Attorneys' Plan under the Judicial Retirement Fund. (Act 2015-498, §18.)
AL Code § 12-17-227.2 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 17 - Circuit and District Court Personnel.|Article 6 - District Attorneys.|Division 6 - District Attorneys'plan for Retirement.|Section 12-17-227.2 - (Effective November 8, 2016, Subject to Contingencies) Scope and Applicaton of Plan; Contributions.

Section 12-17-227.2(Effective November 8, 2016, subject to contingencies) Scope and applicaton of plan; contributions.  (a) Every district attorney first elected or appointed to his or her position on or after November 8, 2016 shall come under this division by operation of law. Each district attorney shall contribute to the fund eight and one-half percent (8.5%) of his or her annual salary. The percentages shall be deducted by the employer from each district attorney's salary and paid into the fund in the State Treasury and credited to the individual account of the district attorney from whose salary it was deducted. (b) On account of each member there shall be paid monthly by the employer an amount equal to a certain percentage of the annual salary of each member to be the employer's contribution. The percentage rate of such contribution shall be fixed for each fiscal year on the basis of the liabilities as shown by the last annual actuarial valuation, and such percentage rate as established by such valuation shall take effect the following October 1 and continue in effect for the fiscal year. Such contribution shall be made by the Office of the District Attorney who employs the member. (Act 2015-498, §20.)