Code of Alabama

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45-42-82.51
Section 45-42-82.51 Liability of district attorney, agency, or service provider. In
no event shall the district attorney, the Limestone County Community Corrections program,
the Limestone County Drug Court, or any other agency or service provider have any liability,
criminal or civil, for the conduct of any offender while participating in the pretrial diversion
program or for acceptance of an offender into the program. (Act 2012-360, p. 892, § 12.)...

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45-45-83.46
Section 45-45-83.46 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, assessments for victims, or drug, alcohol, or anger
management treatment required by law, the district attorney, or the court and shall be in
addition to costs of supervision, treatment, and restitution for which the pretrial admittee
may be responsible. Pretrial intervention program fees, as established by this section,
may be waived or reduced due to indigency or reduced ability to pay or for just cause at the
discretion of the district attorney. The determination of indigency of the offender, for the
purpose of pretrial intervention admission or 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, as set by the district attorney, shall be paid
by...
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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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45-45-83.47
Section 45-45-83.47 Drug and alcohol services The district attorney and the offender
may enter into an agreement as a part of the PTIP of an offender that the offender be admitted
to a drug or alcohol program on an inpatient or outpatient basis or receive other treatment
alternatives for substance abuse. The district attorney may require the offender to submit
to periodic or random drug testing as a part of the PTIP of the offender and other terms and
conditions related to substance abuse as the district attorney may direct. The offender shall
pay the costs of all such services unless otherwise agreed. (Act 94-392, p. 645, § 8.)...

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45-12-82.03
Section 45-12-82.03 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the pretrial diversion program. (3) It is determined the needs
of the state and of the offender can be met through the pretrial diversion program. (4) The
offender appears to pose no threat to the safety and well-being of the community. (5) It appears
the offender is not likely to be involved in further criminal activity. (6) The offender will
likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in any state. (8) The offender
has no prior misdemeanor or felony convictions. (b) The district attorney may...
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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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45-1-82.03
Section 45-1-82.03 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the diversion program. (3) It is determined the needs of the
state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no threat to the safety and well-being of the community. (5) It appears the
offender is not likely to be involved in further criminal activity. (6) The offender will
likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in any state. (8) The offender
has no prior misdemeanor or felony convictions. (b) The district attorney may waive any of...

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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following circumstances: (1) The offender is 18
years of age or older at the time the alleged offense was committed; 16 years of age or older
if the offense is a traffic violation. (2) There is a probability justice will be served if
the offender is placed in the pretrial diversion program. (3) It is determined the needs of
the state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no threat to the safety and wellbeing of the community. (5) It appears the
offender is not likely to be involved in further criminal activity. (6) The offender will
likely respond to rehabilitative treatment. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in the state. (8) The offender
has no prior felony convictions. (9) The offender does not hold a commercial...
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45-16-82.23
Section 45-16-82.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the diversion program. (3) It is determined the needs of the
state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no substantial threat to the safety and well-being of the community. (5) It
appears the offender is not likely to be involved in further criminal activity. (6) The offender
will likely respond to rehabilitative treatment. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2005-145, p. 249, §4.)...
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45-17-81.13
Section 45-17-81.13 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following instances: (1) The offender is 18 years
of age or older, or 16 years of age or older if the offense is a traffic citation, at the
time the alleged offense was committed. (2) There is a probability justice will be served
if the offender is placed in the diversion program. (3) It is determined the needs of the
state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no substantial threat to the safety and well-being of the community. (5) It
appears the offender is not likely to be involved in further criminal activity. (6) The offender
will likely respond to rehabilitative treatment. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2007-332, p. 588, §4.)...
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