45-18-81.31
Section 45-18-81.31 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. (b) The district
attorney may waive a violation for good cause shown as to why the offender should stay in
the pretrial diversion program. (Act 2004-478, p. 884, §12.)...
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45-23-82.11
Section 45-23-82.11 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. (b) The district
attorney may waive a violation for good cause shown why the offender should stay in the pretrial
diversion program. (Act 2005-130, p. 215, §12.)...
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45-27-82.20
Section 45-27-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twenty-first Judicial Circuit of Alabama may establish a pretrial diversion
program. (b) The district attorney shall retain all discretionary powers endowed by the common
law and provided for by statutes and acts of this state or powers or discretion otherwise
provided by law for the District Attorney of the Twenty-first Judicial Circuit. (c) The pretrial
diversion program shall be under the direct supervision and control of the district attorney
and the district attorney may contract with any agency, person, or corporation for services
related to this subpart. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
95-388, p. 791, §1.)...
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45-29-82.71
Section 45-29-82.71 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. (b) The district
attorney may waive a violation for good cause shown why the offender should stay in the pretrial
diversion program. (Act 2003-190, 1st Sp. Sess., p. 502, §12.)...
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45-3-82.45
Section 45-3-82.45 Program requirements. (a) An offender who enters into the pretrial diversion
program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing,
and contingent upon the successful completion of the program, his or her right to a speedy
trial. (2) While in the program, agree, in writing, to the tolling of periods of limitations
by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (4) If there is a victim of the crime, agree
in writing to pay restitution, if any, due the victim within a specified period of time and
in an amount to be determined by the district attorney taking into account circumstances of
the offender and victim. (b) The district attorney's pretrial diversion program records, along
with the records relating to pretrial diversion programs admission, are confidential records
and shall not be admissible in subsequent proceedings, criminal or...
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45-34-82.05
Section 45-34-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account circumstances
of the offender and victim. (b) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program...
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45-34-82.11
Section 45-34-82.11 Violations; waiver. (a) If the offender violates the conditions of the
pretrial diversion program agreed to in writing by the offender and the district attorney,
the district attorney may terminate the participation of the offender. The offender shall
be given written notice of the intent of the district attorney to terminate him or her from
the pretrial diversion program, including the reason for the termination. (b) The district
attorney may waive a violation for good cause shown why the offender should stay in the pretrial
diversion program. (Act 2003-225, p. 566, §12.)...
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45-4-83.05
Section 45-4-83.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account circumstances
of the offender and victim. (b) Pretrial diversion program records or records related to pretrial
diversion program admission shall not be admissible in subsequent proceedings, criminal or
civil. Communications between pretrial diversion program...
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45-4-83.11
Section 45-4-83.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial
diversion program agreed to in writing by the offender and the district attorney, the district
attorney may terminate the participation of the offender. The offender shall be given written
notice of the intent of the district attorney to terminate him or her from the pretrial diversion
program, including the reason for the termination. (b) The district attorney may waive a violation
for good cause shown as to why the offender should stay in the pretrial diversion program.
(Act 2006-418, p. 1036, §12.)...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) 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 Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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