For purposes of this subpart, the following terms shall have the following meanings:
(1) APPLICATION FEE. A one-time administrative fee imposed by the District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation in a pretrial diversion program.
(2) DISTRICT ATTORNEY. The elected District Attorney of the Thirty-ninth Judicial Circuit or any staff employed by the district attorney.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41–8A–1.
(4) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36–25–1, including, but not limited to, police personnel, sheriff personnel, district attorney investigator, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether employed in the State of Alabama or elsewhere.
(5) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined by this code, which was allegedly committed in the jurisdiction of the Thirty-ninth Judicial Circuit.
(6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition of certain conditions of behavior and conduct by the district attorney or by a designated agency for a specified period of time upon an offender which would allow the offender to have his or her charges reduced, dismissed with or without prejudice, or otherwise mitigated should all of the conditions be met during the time frame set by the district attorney.
(7) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A–1–2.
(8) SUPERVISION FEE. Any fee imposed by any agency providing supervision or treatment of an offender.
Last modified: May 3, 2021