45-3-82.43
Section 45-3-82.43 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 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. (5) It
appears the offender is not likely to be involved in further criminal activity. (6) The offender
will likely respond to the rehabilitative treatment. (b) The district attorney may waive any
of the standards specified in subsection (a) if justice or special circumstances dictate.
(Act 2007-499, p. 1058, §4.)...
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45-34-82.03
Section 45-34-82.03 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 substantial 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. (b) The district attorney may
waive any of the standards specified in subsection (a) if justice or special circumstances
dictate. (Act 2003-225, p. 566, §4.)...
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45-4-83.03
Section 45-4-83.03 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 substantial 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. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2006-418, p. 1036, §4.)...
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45-45A-31.22
Section 45-45A-31.22 Applicants for admittance. Admittance into the pretrial diversion
program is in the sole discretion of the city judge. An offender deemed by the city judge
to be a threat to the safety or well-being of the community shall not be eligible for the
program. An offender charged with any of the following types of offenses shall be ineligible
for admittance: (1) Any offense involving violence or aggression resulting in injury to a
law enforcement officer. (2) Any offense involving eluding or attempting to elude a law enforcement
officer. (3) Any offense involving violence where weapons are used or where children are victims.
(4) Any driving under the influence charge where serious physical injuries are involved. (5)
Any offense wherein the offender is a public official and the charge is related to the capacity
of the offender as a public official. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or territory,...
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45-9-82.23
Section 45-9-82.23 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 substantial 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. (b) The district attorney may waive any of
the standards specified in subsection (a) if justice or special circumstances dictate. (Act
2005-148, p. 258, §4.)...
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12-17-226.11
Section 12-17-226.11 Disposition of funds. (a) All remaining administration fees shall
be allocated to the district attorney's office. At the discretion of the district attorney,
all administration fees paid by the offender pursuant to this division may either be paid
to the district attorney, to be placed in the District Attorney's Solicitor Fund, or if the
district attorney and the clerk agree, may be paid to the circuit clerk of the jurisdiction
for distribution to the District Attorney's Solicitor Fund. In the event that the district
attorney elects to have the administration fee paid to the circuit clerk for ultimate distribution
to the Solicitor Fund, the circuit clerk shall retain a fee of twenty-five dollars ($25) for
processing. (b) All fees paid to the district attorney pursuant to this division shall be
paid into the District Attorney's Solicitor Fund and shall be used to pay costs associated
with the administration of the pretrial diversion program or for any other law...
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45-16-82.27
Section 45-16-82.27 Costs and fees. (a) An applicant may be assessed a fee when the
applicant is approved for the program. The amount of the assessment for participation in the
program shall be in addition to any court costs and assessments for victims or drug, alcohol,
or anger management treatment required by law, the district attorney, or the court, and are
in addition to costs of supervision, treatment, and restitution for which the pretrial diversion
admittee may be responsible. Pretrial diversion program fees as established by this subpart
may be waived or reduced due to indigency or reduced ability to pay or for other just cause
at the discretion of the district attorney. The determination of indigency of the offender,
for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by
the district attorney. A schedule of payments for any of these fees may be established by
the district attorney. (b) The following fees shall be paid by applicants accepted...
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45-23-82.07
Section 45-23-82.07 Costs and fees. (a) An applicant may be assessed a fee when the
applicant is approved for the program. The amount of the assessment for participation in the
program shall be in addition to any court costs and assessments for victims of drug, alcohol,
or anger management treatment required by law, and are in addition to costs of supervision,
treatment, and restitution for which the person may be responsible. An applicant may not be
denied access into the pretrial diversion program based solely on his or her inability to
pay. Pretrial diversion program fees as established by this part may be waived or reduced
for just cause, including indigency of the applicant, at the discretion of the district attorney.
Any determination of indigency of the offender for the purposes of pretrial diversion fee
waiver or reduction shall be made by the district attorney. A schedule of payments for any
of these fees may be established by the district attorney. (b) The following fees...
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45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
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45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or wellbeing of the community shall not be eligible for the program. An offender charged with
any of the following types of offenses without the express written consent of the victim shall
be ineligible for admittance: (1) Any offense involving violence or aggression resulting in
injury to a law enforcement officer. (2) Any offense involving eluding or attempting to elude
a law enforcement officer. (3) Any offense involving violence where a weapon was used or where
children are victims. (4) Any driving under the influence charge where serious physical injuries
are involved. (5) Any offense wherein the offender is a public official and the charge is
related to the capacity of the offender as a public official. (b) A...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages