12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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45-27-82.25
Section 45-27-82.25 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 45 days after service of the warrant or within 21 days following
appointment of counsel for the charge for which the offender applies or at his or her first
court appearance. (b) In the discretion of the district attorney, the time provision of this
section may be waived. (Act 95-388, p. 791, §6.)...
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45-27A-30.06
Section 45-27A-30.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first court appearance or arraignment,
whichever comes first. (b) At the discretion of the municipal prosecutor, the provision contained
in subsection (a) may be waived by the municipal court. (Act 2010-578, p. 1275, §7.)...
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45-29-82.66
Section 45-29-82.66 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. (b) At the discretion of the district attorney, the time provision
of this section may be waived. (Act 2003-190, 1st Sp. Sess., p. 502, §7.)...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (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, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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45-7-82.26
Section 45-7-82.26 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) The district attorney may waive the time provision
of this section for good cause. (Act 2009-460, p. 802, §7.)...
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45-17-81.16
Section 45-17-81.16 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2007-332, p. 588, §7.)...
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45-18-81.26
Section 45-18-81.26 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2004-478, p. 884, §7.)...
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45-23-82.06
Section 45-23-82.06 Time for application. (a) An offender shall make application to the pretrial
diversion program no later than 21 days after his or her first appearance or arraignment,
whichever occurs first. In the case of traffic citations, application shall be made within
21 days of the issuance of the citation. (b) At the discretion of the district attorney, the
time provision of this section may be waived. (Act 2005-130, p. 215, §7.)...
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45-28-82.22
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...
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