45Pretrial Diversion Program Written Agreement.(a) Following the decisionof the district attorney to admit the offender into the pretrial diversion program, butprior to entry, the district attorney and theoffender shall enter into a written agreementstating the conditions of the participationof the offender in the program. Theagreement shall include, but not be limited to, all of the following: (1) A voluntary waiverof the offenders right to a speedytrial.(2) An agreement to the tolling, while in the program, of periods oflimitations established by statute or rules of court.(3) An agreement to the conditions of the program established by thedistrict attorney.(4) If there is a victim of the charged crime, an agreement to payrestitution within a specified period of time and according to a specifiedpayment schedule setting forth the amounts of each payment. The offender shall further agree toextend the jurisdiction of the court beyond completion of any disposition ofthe case, end of sentence, termination of parole or probation, or conclusion ofthe pretrial diversion program to enforce collection of restitution, courtcosts, fines, fees, or other agreed uponor court e case, end of sentence, termination of parole or probation, or conclusion ofthe pretrial diversion program to enforce collection of restitution, courtcosts, fines, fees, or other agreed uponor court ordered monies.(5) A waiver in writing of the offender’s right to a trial byjury.(6) A written statement as to the offender’s involvement in the offensecharged, which statement shall be admissible in any criminal trial.(7) The entering of a plea of guiltyto the offense charged.(b) In addition to the requirements set forth in subsection (a) or as acondition of continued participation in the program,the district attorneymay require the offenderto agree to any or all of the followingterms or conditions:(1) Participation in a substance abusetreatment program.(2) Participation in an education setting to include, but not be limitedto, K–12, college, job or vocational training, GED classes,trade school, or basiceducation courses.(3) Financially supporting his or her children or paying any court ordered child support. (4) Refraining from the use of drugs or alcohol or from frequenting places where drugs or alcohol are sold or used. (5) Not committing any new criminal offense. aying any court ordered child support. (4) Refraining from the use of drugs or alcohol or from frequenting places where drugs or alcohol are sold or used. (5) Not committing any new criminal offense. (6) Refraining from contactwith certain named persons or premises. (7) Seeking and maintaining employment. (8) Maintaining a residence approved by the district attorneyor supervising agency. (9) Attending individual, group, financial, chemical addiction, family,mental health, anger management, or parenting counseling. (10) Paying all court costs and fees, fines, worthless checks, and obeyingany other lawful court order associated with the offense for which the offenderhas entered the program. (11) Refraining from the unlawful possession or use of any deadly weaponor dangerous instrument. (12) Paying supervision, application, and any other fees incurred pursuantto this program. (13) Observing curfews or home detention or travel constraints as set out by the district attorney.(14) Admission to an outpatient or inpatient drug or alcohol treatment program. (15) Submission to periodic or random drug testing.(16) When applicable, paying supervision fees to any agency or entityresponsible on to an outpatient or inpatient drug or alcohol treatment program. (15) Submission to periodic or random drug testing.(16) When applicable, paying supervision fees to any agency or entityresponsible for monitoring and verifying the offender’s compliance with theterms of the program as set forth by the district attorney. (17) Any other terms or conditions as the district attorney or his or herdesignee and the offender may agree to, it beingthe purpose of this subpart to allow the district attorneybroad discretion in designing a program specifically for each offenderand his or her particular circumstances.(Act 2012–364, p. 907, § 6.)
Alabama Legal Code