Code of Alabama |
Match Context and Document information |
URL: | http://alisondb.legislature.state.al.us/alison/CodeOfAlabama /1975/45-28-82.22.htm |
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Depth: | 0 singles |
Size: | 2,275 bytes |
Modified: | 2013-01-29 15:32:34 |
Categories: | -None- |
Title: | 45-28-82.22 |
Description: | -None- |
Keywords: | -None- |
Meta data: | -None- |
Body: | Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218. (2) A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving serious physical injury to a person. (3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or an individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney to be a threat to the safety or well-being of the community. (6) Bribery of a government or public official. (7) Any offense wherein the offender is a public official and the charge is related to his or her capacity as a public official. (8) Abduction or kidnapping. (9) Any sex offense involving forcible compulsion or incapacity. (Act 2011-606, p. 1342, ยง3. |