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Ala. Code § 45-57-82.48

Acceptance of Offender’s into Pretrial Diversion Program.

(Act 2012–364, p. 907, § 9.)

(a) Upon acceptance of an offender into the pretrial diversion program, the district attorney shall submit the offender’s written application, together with the offender’s statement of facts, the district attorney’s acceptance of the offender, and the agreement between the district attorney and the offender, to the court presiding over the offender’s case. The offender shall then enter a plea of guilty to the charge.

(b) Upon acceptance of the plea, the court shall withdraw and file the case or otherwise place it on an administrative docket until such time as the court has been notified that the offender has either fulfilled the terms of the agreement or has been terminated from the program. However, imposition of punishment by the court shall be deferred until and unless the offender is terminated from the program. In the event the offender is terminated from the program, the court shall impose punishment in the same manner as any other plea of guilty.

(c) Upon successful completion of the program by the offender, the district attorney shall notify the court in writing of that fact together with a request that the plea of guilty be set aside and the case be dismissed.

(d) Regardless of whether the offender successfully completes the program or is terminated from the program, the offender shall be liable for any and all court costs, fees, restitution, and any other assessment levied by the court.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.