45-18-81.22
admittance. (a) A person charged with a criminal offense specified in this subsection whose
jurisdiction is in the Circuit or District Court of the Thirty-fifth Judicial Circuit may
apply to the District Attorney of the Thirty-fifth Judicial Circuit for admittance to the
pretrial diversion program. A person charged with any of the following offenses may apply
for the program: (1) A traffic offense. (2) A property offense. (3) An offense in which the
victim did not receive serious physical injury. (4) An offense in which the victim
was not a child under 14 years of age, a law enforcement officer, a school official, or a
correctional officer. (5) A misdemeanor other than one specifically excluded in this section.
(b) The following offenses are ineligible for consideration for the pretrial diversion program:
(1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of
a child or an elderly person. (3) Any sex offense. (4) Any Class A felony. (5) Any offense...

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12-17-226.13
her staff shall have no liability, criminal or civil, for the conduct of any offender while
participating in a pretrial diversion program established under this division or of any service
provider or its agents that are contracted to or who have agreed to provide services to the
pretrial diversion program. (b) Absent wantonness, negligence, or intentional misconduct,
the district attorney, or his or her staff or its officers or employees, shall have no liability,
criminal or civil, for any injury or harm to the offender while the offender is a participant
in any pretrial diversion program administered pursuant to this division. The district attorney
may require written agreed upon waivers of liability as a prerequisite for admittance into
the pretrial diversion program. (c) Absent an agreement which includes the consent of the
county commission, the sheriff, and the district attorney, neither the county nor the sheriff
shall have any responsibility for a pretrial diversion program...
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45-12-82.02
(a) A person charged with a criminal offense specified in this subsection whose jurisdiction
is in the circuit or district court of the First Judicial Circuit may apply to the District
Attorney of the First Judicial Circuit for admittance to the pretrial diversion program. (b)
A person charged with any of the following offenses may apply for admission into the program:
(1) A traffic offense. (2) A property offense. (3) An offense wherein the victim did not receive
serious physical injury. (4) An offense in which the victim was not a child under 14
years of age, a law enforcement officer, a school official, or a correctional officer. (5)
A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense....
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45-16-82.22
Twelfth Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged
with any of the following offenses may apply for admission into the program: (1) A traffic
offense, other than driving under the influence (DUI), or a traffic offense charged to a commercial
driver license holder, whether or not the holder was operating a commercial motor vehicle
at the time of the offense. (2) A property offense. (3) An offense wherein the victim did
not receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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45-29-82.62
in the circuit or district court of the Twenty-fourth Judicial Circuit may apply to the District
Attorney of the Twenty-fourth Judicial Circuit for admittance to the pretrial diversion program.
A person charged with any of the following offenses may apply for the program: (1) A drug
offense, as provided in Section 12-23-5. (2) A property offense, including, but not limited
to, theft in any degree and burglary in any degree. (3) An offense wherein the victim did
not receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than a traffic or conservation offense. (b) The following offenses
are ineligible for consideration for the pretrial diversion program: (1) Any Class A felony.
(2) Any offense involving serious injury to a person. (3) Any offense involving death.
(4) A person deemed by the district attorney to be a threat to the safety or...
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45-27-82.21
charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit
or district court of the Twenty-first Judicial Circuit of Alabama may apply to the District
Attorney of the Twenty-first Judicial Circuit for admittance to the pretrial diversion program.
A person charged with any of the following may apply for the program: (1) Drug offenses as
provided in Section 12-23-5. (2) Property offenses. (3) Offenses wherein the victim did not
receive serious physical injury. (4) Offenses in which the victim was not a child under
14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) All misdemeanors other than traffic or conservation offenses. (b) No persons charged with
a Class A felony or a crime that involved serious injury to a person or death shall
be eligible for pretrial diversion. (c) Any person deemed by the district attorney to be a
threat to the safety or well-being of the community shall not be eligible for the...
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45-7-82.22
Applicants for admittance. (a) A person charged with a criminal offense specified in subsection
(b) whose jurisdiction is in the circuit or district court of the Second Judicial Circuit
of Alabama may apply to the district attorney for admittance to the pretrial diversion program.
(b) A person charged with any of the following offenses may apply for admission into the program:
(1) A traffic offense. (2) A property offense. (3) An offense wherein the victim did not receive
serious physical injury. (4) An offense in which the victim was not a child under 14
years of age, a law enforcement officer, a school official, or a correctional officer. (5)
A misdemeanor, unless specifically excluded in this section. (6) A violation classified under
this code. (c) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Trafficking, distribution, or manufacturing of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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12-17-226
PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice
of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition
by the district attorney of certain conditions of behavior and conduct for a specified period
of time upon the offender which would allow the offender to have his or her charges reduced,
dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during
the time frame set by the district attorney as provided in the agreement. (8) RESTITUTION.
As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary
cost incurred during the investigation or prosecution by a law enforcement agency or the district
attorney. (9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2. (10) SUPERVISION
FEE. Any fee other than the administration fee imposed by any agency providing supervision
or treatment of an offender. (Act 2013-361, p. 1290, §1.)...
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45-16-82.34
Section 45-16-82.34 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates. The district attorney shall
retain the final decision as to the admittance of individuals or administration of the program
regardless of the board's views. It shall be the district attorney's decision who and how
many persons will comprise the board and when or if it should meet. (Act 2005-145, p. 249,
§15.)...
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45-17-81.24
Section 45-17-81.24 Advisory board. The district attorney may form an advisory board to assist
in the determination of appropriate pretrial diversion candidates. The district attorney shall
retain the final decision as to the admittance of individuals or administration of the program
regardless of the board's views. It shall be the district attorney's decision as to who will
comprise the board and when or if it should meet. (Act 2007-332, p. 588, §15.)...
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