Code of Alabama

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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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45-39-82.02
Section 45-39-82.02 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 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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45-23-82.02
Section 45-23-82.02 Applicants for 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-third Judicial Circuit may apply to the District Attorney of the Thirty-third
Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only
with any of the following offenses may apply for the program: (1) A traffic offense, other
than driving under the influence (DUI). (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. (c)
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...
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45-35A-56
Section 45-35A-56 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the City of Dothan as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal staff employed by
the city 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, whether
employed in this state or elsewhere. (5) OFFENDER. Any person charged with a criminal offense
including, but not limited to, any misdemeanor, violation, or traffic offense, as defined
by existing law, which was allegedly committed within the corporate limits or police jurisdiction
of the City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the
imposition by the city or by a designated agency of certain conditions of behavior...
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45-37A-160.01
Section 45-37A-160.01 Definitions. For the purposes of this article, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Fultondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor.
(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, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Fultondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Fultondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal...
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45-37A-240.21
Section 45-37A-240.21 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Hoover as a condition precedent to participation in a pretrial diversion program.
(2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Hoover Municipal Court or any legal staff employed by the city prosecutor.
(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, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Hoover duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Hoover in accordance with
Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense, including,
but...
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45-37A-270.21
Section 45-37A-270.21 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Irondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Irondale Municipal Court or any legal staff employed by the city prosecutor.
(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, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Irondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Irondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal offense,...

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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion
program is in the absolute discretion of the district attorney. However, an offender deemed
by the district attorney to be a threat to the safety or well-being of the community shall
not be eligible for the program. Further, an offender charged with the following offenses
shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense
which intentionally, knowingly, or recklessly resulted in death or serious physical injury
to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment
of a child. (5) 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 Armed Forces, or an elderly person over the age of 65. (6)
An offense involving violence in which the victim was an employee of any school...
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45-31-84.01
Section 45-31-84.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the municipality as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the municipality or any legal staff employed by the
city attorney. (3) LAW ENFORCEMENT. As defined in Section 41-8A-1(1). (4) LAW ENFORCEMENT
OFFICER. As defined in Section 36-25-1(15), whether employed in the this state or elsewhere.
(5) MUNICIPALITY. A municipality in Geneva County that has a municipal court, city attorney,
and police department. (6) OFFENDER. Any person charged with a criminal offense, including,
but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing
law, which was allegedly committed in the corporate limits or police jurisdiction of the municipality.
(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the...
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45-45A-31.20
Section 45-45A-31.20 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Huntsville as a condition precedent to participation in a pretrial diversion
program. (2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City
of Huntsville or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City
Council of the City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position
by the City Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision
(1) of Section 41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15)
of Section 36-25-1, whether employed in this state or elsewhere. (8) OFFENDER. Any
person charged with a criminal offense including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by existing law, which was allegedly committed in the...
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