Code of Alabama

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12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or 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...
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45-42-82-42
Section 45-42-82-42 Application for admittance. An offender may apply to the district attorney
for admittance into the pretrial diversion program. The application shall be made in the time
and manner designated by the district attorney. (Act 2012-360, p. 892, § 3.)...
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45-1-82.06
Section 45-1-82.06 Time for application. (a) Except for traffic offenses, 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 eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provision of subsection (a)
may be waived by the district attorney. (Act 2006-89, p. 110, §7.)...
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45-12-82.06
Section 45-12-82.06 Time for application. (a) Except for traffic offenses, 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 eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, subsection (a) may be waived by
the district attorney. (Act 2006-595, p. 1625, §7.)...
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45-16-82.26
Section 45-16-82.26 Time for application. (a) Except for traffic offenses, 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 eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provisions of subsection (a)
may be waived by the district attorney. (Act 2005-145, p. 249, §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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45-3-82.46
Section 45-3-82.46 Time for application. (a) Except for traffic offenses, 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 eligible traffic offenses,
application shall be made within 21 days of the issuance of the citation. (b) For good cause
established and at the discretion of the district attorney, the provision of subsection (a)
may be waived by the district attorney. (Act 2007-499, p. 1058, §7.)...
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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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