reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-212 - Qualifications for Supernumerary Status - Twelve Years Service and Total Disability; 25 Years Continuous Service; 20 Years Service as Judge and District Attorney, Etc.

Section 12-17-212
Qualifications for supernumerary status - Twelve years service and 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 permanently and totally disabled, proof of such disability being made by certificate of three reputable physicians, or who has served continuously for as much as 25 years, and any person holding office as a judge of a county law and equity court on January 1, 1960, who has served continuously as a district attorney or other like prosecuting officer by whatever name designated for 20 years or more, may elect to become a supernumerary district attorney of the State of Alabama by filing, while in service as such prosecuting officer or judge, a written declaration to that effect with the Governor, which written declaration shall set forth one of the foregoing conditions under which a person may elect to become a supernumerary district attorney; and, in case of permanent and total disability, such declaration shall have attached thereto the certificate of disability signed by three reputable physicians as above required; whereupon, if the matters set forth in such declaration are true, and other requirements above required are complied with, the Governor shall issue to such declarant a commission as supernumerary district attorney of the State of Alabama.
For the purposes of this section, service in the armed forces of the United States shall not be deemed to interrupt continuous service as such district attorney.
(Acts 1953, No. 474, p. 589, §1; Acts 1959, No. 242, p. 806; Acts 1967, No. 349, p. 908.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-214 - Issuance of Commission; Filling of Vacancies in Office of District Attorney.

Section 12-17-214
Issuance of commission; filling of vacancies in office of district 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 vacant by the election of any such declarant shall be filled by appointment of the Governor as provided by law.
(Acts 1953, No. 474, p. 589, §1; Acts 1959, No. 242, p. 806; Acts 1963, No. 467, p. 1019, §1; Acts 1966, Ex. Sess., No. 239, p. 361; Acts 1967, No. 349, p. 908; Acts 1967, Ex. Sess., No. 197, p. 243; Acts 1971, No. 858, p. 1620.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-215 - Compensation; Term of Office; Impeachment.

Section 12-17-215
Compensation; term of office; impeachment.
(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 hereby made. Such supernumerary district attorney shall hold office during good behavior of such supernumerary district attorney and may be removed only by impeachment for the causes specified in the Constitution of Alabama.
(b) The repeal of laws providing for supernumerary judges as provided in Section 12-17-40 shall not affect the compensation paid supernumerary district attorneys. The method for computing said compensation will continue with full force and effect as if the laws regarding supernumerary circuit judges were still in effect.
(Acts 1969, No. 1050, p. 1965; Acts 1986, No. 86-320.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-216 - Oath of Office; Powers and Duties.

Section 12-17-216
Oath of office; powers and duties.
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 Governor, the Chief Justice of the Supreme Court or the Attorney General, conduct investigations, attend any regular, adjourned or special session of any circuit court in any of the judicial circuits of Alabama for the investigation of or the prosecution of any criminal case or the prosecution or defense of any case in which the state is interested. The Governor, any member of the Supreme Court or courts of appeals or the Attorney General may request a supernumerary district attorney to perform duties as those prescribed for assistant attorneys general, either in their respective offices or at such other places within or without the state as such officials may assign him. When on such special assignment at the request or designation of one of the aforementioned officials and performing duties as those prescribed for assistant attorneys general, the supernumerary district attorney shall have all the powers and authority of an assistant attorney general and shall be entitled to the same amount of sick leave and annual leave that accrues to an assistant attorney general; and, while performing such duties at the request of the Attorney General, he shall be designated as a special assistant attorney general.
(Acts 1953, No. 474, p. 589, §2; Acts 1961, No. 629, p. 748, §1; Acts 1965, 2nd Ex. Sess., No. 112, p. 150, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 2 - Supernumerary District Attorneys. › Section 12-17-217

Section 12-17-217
Representation of clients in certain proceedings.
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 where the State of Alabama is a party to the action, as court appointed counsel or as a public defender, eligible to receive funds or reimbursements from the indigent defense fund. Upon motion, the court shall enjoin any supernumerary district attorney from violating this section.
(Act 2015-498, §30.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 3 - Assistants, Investigators, and Other Personnel; Budget Procedures. › Section 12-17-220 - Powers of District Attorneys as to Employment, Compensation, etc., of Assistants, Investigators, etc., to Serve at District Attorney's Pleasure; Such Employees Not Covered by State Merit System Act; Supplementation of State Expenditures, etc., by Counties.

Section 12-17-220
Powers of district attorneys as to employment, compensation, etc., of assistants, investigators, etc., to serve at district attorney's pleasure; such employees not covered by State Merit System Act; supplementation of state expenditures, etc., by counties.
(a) The district attorney of each judicial circuit is hereby authorized to 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 that purpose. Unless otherwise provided by local law for Talladega County, all of these employees shall serve at the pleasure of the district attorney and shall not be considered employees under the State Merit System Act.
(b) The district attorney is authorized to supplement the salaries of personnel employed within his or her office.
(c) The district attorney is authorized to use funds available to him or her from all sources such as grants, appropriations, gifts, and other sources for the purposes stated in this section or for any other law enforcement purpose.
(d) Counties are authorized to supplement state expenditures as they deem necessary and shall provide other financial support as required by laws in effect on September 30, 1977.
(Acts 1977, No. 632, p. 940, §1; Acts 1991, No. 91-479, p. 867, §1; Acts 1995, No. 95-729, p. 1558, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 3 - Assistants, Investigators, and Other Personnel; Budget Procedures. › Section 12-17-220.1 - Appointment of Investigators by District Attorney of Any Judicial Circuit.

Section 12-17-220.1
Appointment of investigators by district attorney of any judicial circuit.
(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 investigators shall serve at the pleasure of the district attorney. The chief investigator and any additional investigators shall meet the minimum standards for law enforcement officers and hold a current certification from the Alabama Peace Officers' Standards and Training Commission. The chief investigator and other investigators shall have the same authority as deputy sheriffs and other law enforcement officers in this state. They shall be responsible to the district attorney and shall perform duties as assigned by the district attorney.
(b) The Legislature may continue to enact local laws in the future or repeal existing local laws authorizing the appointment of investigators and providing for the powers of those investigators. This section shall not supersede existing local acts on June 9, 2011, or any local act enacted after June 9, 2011, providing for appointment of investigators by the district attorney in any county. Any district attorney appointing investigators pursuant to a local act may continue to appoint investigators according to that act until it is expressly repealed. Any investigator appointed pursuant to a local act of the Legislature may continue to exercise the powers and authorities provided in the local act until the local act is expressly repealed. Upon repeal of a local act authorizing the district attorney to appoint investigators and providing for the powers and authority of the investigators, the district attorney may appoint investigators pursuant to this section.
(Act 2011-538, p. 980, §§1, 2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 3 - Assistants, Investigators, and Other Personnel; Budget Procedures. › Section 12-17-221 - Submission to Office of Prosecution Services by District Attorneys of 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.

Section 12-17-221
Submission to Office of Prosecution Services by district attorneys of 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 the Office of Prosecution Services 60 days prior to each general session of the State Legislature a written report containing an estimate in itemized form showing the amount needed for personnel and office expenses for the year beginning October 1,1978, and each fiscal year thereafter. Each district attorney shall calculate his estimated budget according to the population and case load of his judicial circuit. Each such estimate shall itemize the expenditures required for the district attorney submitting it for his assistants as follows:
(1) Salaries of assistant district attorneys;
(2) Salaries of secretarial and clerical staff;
(3) Salaries of investigators; and
(4) Salaries for any other personnel or other law enforcement expenses.
(b) The form of such reports shall be prescribed by the Office of Prosecution Services and shall be uniform.
(c) The Office of Prosecution Services shall, based upon the various budgets submitted to it by the district attorneys pursuant to subsection (a) of this section, compile and submit to the State Legislature a unified budget request for the funding of the office of district attorney of the several judicial circuits in the manner consistent with other state agencies.
(Acts 1977, No. 632, p. 940, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 3 - Assistants, Investigators, and Other Personnel; Budget Procedures. › Section 12-17-222 - Applicability of Division to Deputy District Attorney of Bessemer Cutoff of Tenth Judicial Circuit.

Section 12-17-222
Applicability of division to deputy district attorney of Bessemer cutoff of 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.
(Acts 1977, No. 632, p. 940, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 3 - Assistants, Investigators, and Other Personnel; Budget Procedures. › Section 12-17-223 - Construction of Division.

Section 12-17-223
Construction of division.
The provisions of this division are supplemental and shall not be construed to repeal any law not in direct conflict herewith.
(Acts 1977, No. 632, p. 940, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225 - Purpose.

Section 12-17-225
Purpose.
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 state or to the crime victims be paid in full and that cost of collection be borne by the person who is responsible for payment. The Legislature of this state further recognizes that the district attorneys of the various judicial circuits are mandated by law to represent the people of the state, and a strong public policy dictates that restitution, court costs, fines, and other court-ordered sums be enforced within each judicial circuit by the district attorneys in conjunction with the circuit clerks and local courts.
(Acts 1995, No. 95-725, p. 1548, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.1 - District Attorneys Authorized to Establish Division.

Section 12-17-225.1
District attorneys authorized to establish division.
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 forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgements entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgement.
(Acts 1995, No. 95-725, p. 1548, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.2 - Court or Clerk of Court to Notify District Attorney When Payments to State or Victim Are in Default.

Section 12-17-225.2
Court or clerk of court to notify district attorney when payments to 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 or criminal proceeding ordered by the court to be paid to the state or to crime victims have not been paid or are in default and the default has not been vacated. Upon written notification to the district attorney, the restitution recovery division of the office of the district attorney may collect or enforce the collection of any funds that have not been paid or that are in default which, under the direction of the district attorney, are appropriate to be processed. In no event shall a court or court clerk notify the district attorney in less than 90 days from the date the payments are due to be paid in full.
(Acts 1995, No. 95-725, p. 1548, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.3 - District Attorney Authorized to Take Lawful Steps to Require Compliance.

Section 12-17-225.3
District attorney authorized to take lawful steps to require 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 cause petition for contempt of court; (3) any other civil or criminal proceedings which may be authorized by law or by rule of court. In addition, the district attorney may issue appropriate notices to inform the defendant of the noncompliance of the defendant and a warning of the penalty for noncompliance.
(Acts 1995, No. 95-725, p. 1548, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.4 - Collection Fee.

Section 12-17-225.4
Collection fee.
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 follows:
(1) Seventy-five percent of the collection fee shall be distributed to the county district attorney's fund to be expended for lawful purposes for the operation of the office of the district attorney. Funds provided to the district attorney by this division shall not reduce the amount payable to the district attorney under any local act or general act or reduce or affect the amounts of funding allocated by law to the budget of the district attorney. The funds shall be audited as all other state funds are audited.
(2) Twenty-five percent of the collection fee shall be distributed to the circuit clerk's fund which shall be kept and maintained by the circuit clerk in a separate account to be used for the operation of the office of the clerk to include, but not be limited to, equipment purchases, education, and other office related expenses including personnel. Funds retained by the circuit clerk shall not reduce the amount payable to the circuit clerk under any local act or general act or reduce or affect the amounts of funding allocated by the Administrative Office of Courts to the budget of the circuit clerk. The funds shall be audited as all other state funds are audited.
The Legislature may, by local law, adjust the distribution in this section.
The remainder of the fees, fines, penalties, charges, court costs, and bail bond forfeitures after the deduction for collection shall be disbursed as provided by law on a monthly basis.
(3) This division shall not affect the right of the office of the district attorney to proceed with the prosecution of any violation as currently provided by law.
(Acts 1995, No. 95-725, p. 1548, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.5 - Amnesty Period.

Section 12-17-225.5
Amnesty period.
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. Commencing with the sixty-first day after August 7, 1995, the enforcement and collection procedures provided in this division shall be implemented.
(Acts 1995, No. 95-725, p. 1548, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.6 - Costs, Bail Bond Forfeitures, Restitution, and Other Court-Ordered Charges Considered Civil Judgement.

Section 12-17-225.6
Costs, bail bond forfeitures, restitution, and other court-ordered 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 in this state, shall be considered civil judgements which can be recorded and enforced in the manner provided by law.
(Acts 1995, No. 95-725, p. 1548, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.7 - Contracting With Private Collection Agency Allowed.

Section 12-17-225.7
Contracting with private collection agency allowed.
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.
(Acts 1995, No. 95-725, p. 1548, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.8 - Provisions of Division Are Supplemental.

Section 12-17-225.8
Provisions of division are supplemental.
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.
(Acts 1995, No. 95-725, p. 1548, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 17 - Circuit and District Court Personnel. › Article 6 - District Attorneys. › Division 4 - Restitution Recovery Division. › Section 12-17-225.9 - Local Legislation to Supersede Division.

Section 12-17-225.9
Local legislation to supersede division.
Any county which currently has local legislation pertaining to restitution recovery shall supersede this division.
(Acts 1995, No. 95-725, p. 1548, §11.)
2023 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 - Definitions.

Section 12-17-226
Definitions.
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 pretrial diversion program that is intended for the common good of the community or to assist in restoration of the victim. Community service should further serve to rehabilitate an offender.
(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit or his or her designee, so designated to fulfill the goals, purposes, and objectives of this division.
(4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere.
(5) OFFENDER. Any person who has been charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined in the Code of Alabama 1975, which was alleged to have been committed in the jurisdiction of the State of Alabama.
(6) PRETRIAL. The term includes, but is not limited to, any moment within or during the disposition of a criminal or quasi-criminal action.
(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition by the district attorney of certain conditions of behavior and conduct for a specified period of time upon the offender which would allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during the time frame set by the district attorney as provided in the agreement.
(8) RESTITUTION. As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary cost incurred during the investigation or prosecution by a law enforcement agency or the district attorney.
(9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2.
(10) SUPERVISION FEE. Any fee other than the administration fee imposed by any agency providing supervision or treatment of an offender.
(Act 2013-361, p. 1290, §1.)
2023 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 12-17-226.1
Authorization 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.)
2023 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 12-17-226.4
Admission 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.)
2023 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 12-17-226.5
Program 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.)
2023 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 12-17-226.7
Time 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.)
2023 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 12-17-226.9
Treatment 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.)
2023 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 12-17-226.11
Disposition 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.)
2023 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 12-17-226.12
Violations; 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.)
2023 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 12-17-226.13
Liability 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.)
2023 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 12-17-226.14
Funding 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.)
2023 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 12-17-226.15
Advisory 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.)
2023 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 12-17-226.16
Utilization 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.)
2023 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 12-17-226.18
Ability 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.)
2023 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.)
2023 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.)
2023 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.)