Code of Alabama - Title 45: Local Laws - Section 45-45-83.48 - Individual agreement between offender and district attorney

Section 45-45-83.48 - Individual agreement between offender and district attorney.

(a) In any case in which an offender is admitted into a PTIP there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the intervention program, the length of the program, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant shall plead guilty to and the sentence the offender shall receive. In all cases where as part of the PTIP the offender agrees to plead guilty to a particular offense and receive a specific sentence which shall be approved by an appropriate circuit or district judge of the Twenty-third Judicial Circuit prior to admission to the PTIP.

(b) As a condition of being admitted to the PTIP the district attorney may require the offender to agree to any of the following terms or conditions:

(1) Attend school including, but not limited to, high school, college, job training school, trade school, or adult basic education courses.

(2) Learn to read and write.

(3) Financially support his or her children or pay child support.

(4) Refrain from the use of alcohol or drugs or frequenting places where alcohol or drugs are sold or used.

(5) Refrain from contact with certain persons or premises.

(6) Maintain or seek employment.

(7) Attend counseling (individual, group, or family).

(8) Pay restitution to victim if any due.

(9) Pay court cost and fines.

(10) Pay supervision fees and application fees pursuant to this subpart.

(11) Observe curfews or home detention or travel constraints as set out in the offender’s agreement.

(12) Enter into an agreement with the district attorney to have restitution, court cost, fines, fees, and child support withheld from offender’s wages or salary and applied to the restitution.

(c) The offender shall be subject to other terms or conditions as the district attorney and the offender may agree to in the written agreement of the offender, it being the purpose of this subpart to allow the district attorney broad discretion in designing a program specifically for each offender and circumstances of the offender.

(Act 94-392, p. 645, § 9.)

Last modified: May 3, 2021