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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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that...
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45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state and of the offender can be met through the program. (3) The offender appears to pose no substantial threat to the safety and well-being of the community. (4) It appears the offender is not likely to be involved in further criminal activity. (5) The offender will likely respond to rehabilitative treatment or counseling. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 2012-360, p. 892, § 5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.44.htm - 1K - Match Info - Similar pages
45-42-82.45
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission and as a part of the district attorney's evaluation process, the district attorney may require the offender to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric treatment or care prescribed or received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision of whether or not the offender should be admitted to the program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or provided for by this subpart. Further, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.45.htm - 1K - Match Info - Similar pages
12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender's participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pretrial diversion program may be placed under the supervision of an existing community corrections program, or other alternative diversionary program, provided that the supervision is consistent with public safety and the best interests of the offender in furtherance of his or her treatment and rehabilitation in the community. (2) The court and the offender shall be given written notice of the intent of the district attorney to terminate the offender from the pretrial diversion program including the reason for the termination. If the offender is unavailable for notice or has absconded, the district attorney may provide notice of termination from the pretrial diversion...
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45-45A-31.26
Section 45-45A-31.26 Fees. (a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participating in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim's Compensation Fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatment required by law, and any costs of supervision, treatment, and restitution for which the offender may be responsible. A schedule of payments for any of these fees may be established by the city council in amounts to be determined by the city council in its sole discretion. (b) The application fees, as determined by the city council, shall be applied to the following offenses: (1) Driving under the influence (DUI). (2) Theft of property in the third degree. (3) Other misdemeanor offenses as determined by the city council. (c) The application fee shall be allocated to the general...
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45-1-82.04
Section 45-1-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided for by this part. (Act 2006-89, p. 110, §5.)...
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45-12-82.04
Section 45-12-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided for by this part. (Act 2006-595, p. 1625, §5.)...
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45-16-82.24
Section 45-16-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, an applicant may be required by the district attorney to furnish information concerning past criminal history, educational history, work record, family history, medical or psychiatric treatment or care received, psychological tests taken, and any other information concerning the offender which the district attorney believes has a bearing on the decision as to whether or not the offender should be admitted to the pretrial diversion program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district attorney deems appropriate in evaluating the offender for admittance into the pretrial diversion program. The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided for by this subpart. (Act 2005-145, p. 249,...
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