45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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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...
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45-12-82.03
Section 45-12-82.03 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 pretrial 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 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. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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45-42-82.41
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control.
(a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a
pretrial diversion program. (b) All discretionary powers endowed by the common law and provided
by statutes and acts of this state or powers or discretion otherwise provided by law for the
District Attorney of the Thirty-ninth Judicial Circuit shall be retained. (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, including,
but not limited to, the Limestone County Community Correction Program and the Drug Court for
Limestone County, for services related to this subpart. The district attorney may employ necessary
persons to accomplish this subpart and such persons shall serve at the pleasure of the district
attorney. (Act 2012-360, p. 892, § 2.)...
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following circumstances: (1) The offender is 18 years of
age or older at the time the alleged offense was committed; 16 years of age or older if the
offense is a traffic violation. (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 state and
of the offender can be met through the pretrial diversion program. (4) The offender appears
to pose no threat to the safety and wellbeing 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. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in the state. (8) The offender has no prior
felony convictions. (9) The offender does not hold a commercial...
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45-1-82.03
Section 45-1-82.03 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 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. (7) The offender has never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-16-82.20
Section 45-16-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twelfth Judicial Circuit of Alabama may establish a pretrial diversion program.
(b) 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 Twelfth Judicial Circuit shall be retained. (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 2005-145, p. 249, §1.)...
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45-17-81.10
Section 45-17-81.10 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Thirty-first Judicial Circuit of Alabama may establish a pretrial diversion
program. (b) 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 Thirty-first Judicial Circuit shall be retained. (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 as stated in subsection
(a) of Section 12-17-220. (Act 2007-332, p. 588, §1.)...
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45-18-81.20
Section 45-18-81.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Thirty-fifth Judicial Circuit may establish a pretrial diversion program.
(b) 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 Thirty-fifth Judicial Circuit shall be retained. (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
division. The district attorney may employ necessary persons to accomplish this division and
these persons shall serve at the pleasure of the district attorney. (Act 2004-478, p. 884,
§1.)...
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45-27-82.24
Section 45-27-82.24 Program requirements; records. (a) An offender who enters an intervention
program shall satisfy each of the following requirements: (1) 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
statute 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 all 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, and
communications between pretrial diversion program counselors and...
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