Alabama § 45-59-82.79 - Terms and Conditions.

(a) Upon acceptance of an offender into the pretrial diversion program by the prosecutor, the prosecutor and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the prosecutor, and the agreement between the prosecutor and the offender to the court presiding over the affected case of the offender for the approval of the court. The offender shall also enter a plea of guilty to the charge or charges involved. If the court rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the application fee shall be refunded to the offender. The offender shall still be liable for any actual expenses already incurred by the prosecutor or any agency or service provider in furtherance of the application and evaluation process and the same shall be deducted from any money so refunded to the offender.

(b) Upon approval of the agreement and acceptance of the guilty plea, the court shall expressly retain jurisdiction of the case, any other provision of law notwithstanding, and may withdraw and file the case or otherwise place it on an administrative docket until the court has been notified that the offender has fulfilled the terms of the agreement, has been terminated from the program, or otherwise withdrawn from the program. Imposition of sentence by the court shall be deferred until the offender has successfully completed the program or is terminated from the program.