45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth
Judicial Circuit may apply to the District Attorney of the 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...
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45-29-82.62
Section 45-29-82.62 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
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...
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45-7-82.22
Section 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....
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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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45-27-82.21
Section 45-27-82.21 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
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...
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45-23-82.07
Section 45-23-82.07 Costs and fees. (a) An applicant may be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims of drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. An applicant may not be denied access
into the pretrial diversion program based solely on his or her inability to pay. Pretrial
diversion program fees as established by this part may be waived or reduced for just cause,
including indigency of the applicant, at the discretion of the district attorney. Any determination
of indigency of the offender for the purposes of pretrial diversion fee waiver or reduction
shall be made by the district attorney. A schedule of payments for any of these fees may be
established by the district attorney. (b) The following fees...
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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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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (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. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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