Section 45-3-82.45 Program Requirements.

A participant in the pretrial diversion program must sign written waivers and agreements, including a speedy-trial waiver, tolling consent, program conditions, and any victim restitution terms; program records are confidential and not admissible, and counselor-defendant communications are privileged unless a court orde

Jurisdiction: United States — Alabama
Instrument: Act or statute
Version: Undated source snapshot
Language: en
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confidentiality pretrial diversion restitution

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Provisions of Section 45-3-82.45 Program Requirements.

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Section 45-3-82.45 Program Requirements.
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A participant in the pretrial diversion program must sign written waivers and agreements, including a speedy-trial waiver, tolling consent, program conditions, and any victim restitution terms; program records are confidential and not admissible, and counselor-defendant communications are privileged unless a court orders in camera review for a compelling public interest.

(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (2) While in the program, agree, in writing, to the tolling of periods of limitations by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the victim within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (b) The district attorney’s pretrial diversion program records, along with the records relating to pretrial diversion programs admission, are confidential records and shall not be admissible in subsequent proceedings, criminal or civil. Communications between pretrial diversion program counselors and defendants shall be privileged unless a court of competent jurisdiction determines there is a compelling public interest that the communications be submitted to the court for an in camera view.

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Section 45-3-82.45 Program Requirements.

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