45-23-82.03
Section 45-23-82.03 Standards for admission. 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 that the needs of the state and the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no substantial 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. (Act 2005-130, p. 215, §4.)...
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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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45-27-82.30
Section 45-27-82.30 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 in the program and pursue
criminal charges against 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. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the pretrial diversion program. (Act 95-388, p. 791, §11.)...
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45-28-82.33
Section 45-28-82.33 Funding. The pretrial diversion program may apply for grants, may
accept gifts from individuals or corporations, and may receive funding or appropriations from
city, county, or state agencies or departments to be used in the maintenance or expansion
of the pretrial diversion program. (Act 2011-606, p. 1342, §14.)...
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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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45-3-82.40
Section 45-3-82.40 Established; discretionary powers; supervision and control. (a) The
District Attorney of the Third 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 Third 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 2007-499, p. 1058,
§1.)...
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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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45-39-82.13
Section 45-39-82.13 Funding. The pretrial diversion program may apply for grants, may
accept gifts from individuals or corporations, and may receive funding or appropriations from
city, county, or state agencies or departments to be used in the maintenance or expansion
of the pretrial diversion program. (Act 2011-651, p. 1661, §14.)...
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45-4-83.02
Section 45-4-83.02 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
Fourth Judicial Circuit may apply to the district attorney for admittance to the pretrial
diversion program. A person charged with any of the following offenses may apply for the program:
(1) A traffic offense, other than driving under the influence. (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. (b) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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