This section defines terms used in the article, including the application fee, city prosecutor, offender, and pretrial diversion program.
For the purposes of this article, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Fultondale as a condition precedent to participation in a pretrial diversion program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor. (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, whether employed in the State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court for the City of Fultondale duly appointed by the city council in accordance with Section 12–14–30, or a special judge appointed by the Mayor of the City of Fultondale in accordance with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense, including, but not limited to, any misdemeanor, violation, or traffic offense, as defined by this code, which was allegedly committed in the corporate limits or police jurisdiction of the City of Fultondale. (7) 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’s municipal court judge. (8) SERIOUS PHYSICAL INJURY. As defined in subdivision (14) of Section 13A-1-2. (9) SUPERVISION FEE. Any fee other than the application fee imposed by any agency providing supervision of treatment of the offender.