Code of Alabama

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45-27-82.21
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 well-being of the community shall not be eligible for the...
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45-29-82.62
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 involving serious injury to a person. (3) Any offense involving death.
(4) A person deemed by the district attorney to be a threat to the safety or...
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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. (3) Any sex...
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12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program:
(1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving
forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the
district attorney may determine that a person charged with a misdemeanor offense or violation
is ineligible to apply for the program if it is in the best interest of the victim, the offender,
the community, or justice. (5) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial...
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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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45-39-82.02
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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45-42-82.40
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 felony,
misdemeanor, violation, or traffic offense, as defined by this code, which was allegedly committed
in the jurisdiction of the Thirty-ninth Judicial Circuit. (6) PRETRIAL DIVERSION PROGRAM or
PROGRAM. A program that allows the imposition of certain conditions of behavior and conduct
by the district attorney or by a designated agency for a specified period of time upon an
offender which would allow the offender to have his or her charges reduced, dismissed with
or without prejudice, or otherwise mitigated should all of the conditions be met during the
time frame set by the district attorney. (7) SERIOUS PHYSICAL INJURY. As defined in
subdivision (14) of Section 13A-1-2. (8) SUPERVISION FEE. Any fee imposed by any agency providing
supervision or treatment of an offender. (Act 2012-360, p. 892, § 1.)...
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12-17-226
PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice
of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition
by the district attorney of certain conditions of behavior and conduct for a specified period
of time upon the offender which would allow the offender to have his or her charges reduced,
dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during
the time frame set by the district attorney as provided in the agreement. (8) RESTITUTION.
As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary
cost incurred during the investigation or prosecution by a law enforcement agency or the district
attorney. (9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2. (10) SUPERVISION
FEE. Any fee other than the administration fee imposed by any agency providing supervision
or treatment of an offender. (Act 2013-361, p. 1290, §1.)...
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45-42-82.43
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 system which lies within the geographic...

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32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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