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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45-7-82.22
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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45-29-82.62
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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45-27-82.21
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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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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45-23-82.10
Section 45-23-82.10 Pretrial diversion program fund. The district attorney shall establish
a pretrial diversion program fund. The district attorney shall use the funds in the pretrial
diversion program fund to pay costs and expenses associated with the administration of the
pretrial diversion program or for other purposes contained in other pretrial diversion programs
in this state. Costs associated with program administration shall include, but shall not be
limited to, salaries, rent, vehicles, telephones, postage, office supplies and equipment,
training and travel services, service contracts, and professional services. The district attorney
may pay for services or programs for an offender while the offender is in the pretrial diversion
program if special circumstances and justice dictate. The pretrial diversion program fund
shall be subject to audit every two years, in accordance with state law, by the Examiners
of Public Accounts. In years not subject to audit, the district attorney...
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45-3-82.49
Section 45-3-82.49 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to the approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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45-1-82.09
Section 45-1-82.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the offender...
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