For the purposes of this subpart, the following terms shall have the following meanings:
(1) APPLICATION FEE. A one-time administrative fee imposed by the City of Huntsville as a condition precedent to participation in a pretrial diversion program.
(2) CITY. The City of Huntsville.
(3) CITY ATTORNEY. The city attorney of the City of Huntsville or any legal staff employed by the city attorney.
(4) CITY COUNCIL. The City Council of the City of Huntsville.
(5) CITY JUDGE. Any municipal judge appointed to the position by the City Council of the City of Huntsville.
(6) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1.
(7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in this state or elsewhere.
(8) OFFENDER. Any person charged with a criminal offense including, but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing law, which was allegedly committed in the corporate limits or police jurisdiction of the City of Huntsville.
(9) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition by the city or by a designated agency of certain conditions of behavior and conduct for a specified period of time upon an offender which allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should all of the conditions be met during the time frame set by the city judge.
(10) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2.
(11) SUPERVISION FEE. Any fee, other than the application fee, imposed by any agency providing supervision of treatment of the offender.
Last modified: May 3, 2021