Code of Alabama

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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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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or other self-improvement or self-help program on
an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal
prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program of the offender and require other terms and conditions related
to substance abuse, domestic violence, or the offense charged as the municipal prosecutor
may direct. (c) The offender shall pay the costs of all services unless otherwise approved
by the municipal court after considering the offender's ability to pay. (Act 2010-578, p.
1275, §9.)...
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45-28-82.22
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 diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) 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 military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
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45-29-82.63
Section 45-29-82.63 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 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 2003-190, 1st Sp. Sess., p. 502, §4.)...
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45-39-82.02
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 diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) 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 military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
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45-4-83.03
Section 45-4-83.03 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 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 2006-418, p. 1036, §4.)...

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45-9-82.23
Section 45-9-82.23 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 2005-148, p. 258, §4.)...

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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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12-17-226.7
Section 12-17-226.7 Time for application. An offender shall make application to a pretrial
diversion program established under this division at a time to be determined by the district
attorney, but in the case of a felony, may not be more than 90 days after arraignment. (Act
2013-361, p. 1290, §8.)...
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