48Acceptance of Offender’s into Pretrial Diversion Program.(a) Upon acceptance of an offender into the pretrialdiversion program, the district attorney shallsubmit the offender’s written application, togetherwith the offender’s statement of facts, the district attorney’sacceptance of the offender, and the agreement betweenthe district attorneyand the offender, to the courtpresiding over the offender’s case. Theoffender shall then enter a plea of guilty to the charge. (b) Upon acceptance of the plea, the court shall withdrawand file the case or otherwise place it on an administrative docket until suchtime as the court has beennotified 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 bedeferred until and unless the offender is terminated from the program. In the event the offender is terminatedfrom the program, the court shall impose punishment in the same manner as anyother plea of guilty.(c) Upon successful completion of the program by the offender, the districtattorney shall notify the court in writing of that fact together with a requestthat the plea of r as anyother plea of guilty.(c) Upon successful completion of the program by the offender, the districtattorney shall notify the court in writing of that fact together with a requestthat the plea of guilty be set aside and the case be dismissed.(d) Regardless of whether the offender successfully completes the programor is terminated from the program, the offender shall be liable for any and allcourt costs, fees, restitution, and any otherassessment levied by the court. (Act 2012–364, p. 907, § 9.)
Alabama Legal Code