45-29-82.63
Section 45-29-82.63 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 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 2003-190, 1st Sp. Sess., p. 502, §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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45-9-82.23
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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45-27A-30.03
Section 45-27A-30.03 Standards for admission. (a) Admittance of an offender into the
pretrial diversion program shall be appropriate if all of the following requirements are met:
(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 or violation was committed. (2) There
is a probability that justice will be served if the offender is placed in the pretrial diversion
program. (3) It is determined that the needs of the city 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. (7) The offender has no previous record of committing the offense or offenses or
violation or violations with which he or she is charged. (b) The municipal...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender
may be admitted into the pretrial diversion program, it shall be appropriate for the district
attorney to consider any of the following circumstances: (1) The offender is 18 years of age
or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal
activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed
wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim
or the offender has medical, psychiatric, or vocational difficulties that...
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45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender
may be admitted into the pretrial diversion program, it shall be appropriate for the district
attorney to consider any of the following circumstances: (1) The offender is 18 years of age
or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal
activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed
wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim
or the offender has medical, psychiatric, or vocational difficulties that...
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45-27-82.22
Section 45-27-82.22 Standards for admission. (a) Diversion shall be appropriate if:
(1) The offender is 18 years of age or older at the time the alleged offense was committed.
(2) There is a likelihood 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 poses 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 95-388, p. 791, §3.)...
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45-45-83.42
Section 45-45-83.42 Standards of eligibility. (a) Intervention shall be appropriate
where: (1) The offender is 18 years of age or older at the time the alleged offense was committed.
(2) There is a likelihood justice will be served if the offender is placed in an intervention
program. (3) It is determined the needs of the state and of the offender can be met through
the PTIP. (4) The offender poses 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 foregoing where justice or special circumstances dictate. (Act 94-392,
p. 645, § 3.)...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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45-31-84.05
Section 45-31-84.05 Standards for admission. (a) The city attorney may consider an offender
for the pretrial diversion program based on any of the following circumstances: (1) There
is a probability justice will be served if the offender is placed in the program. (2) It is
determined the needs of the state, city, and the offender can be met through the program.
(3) The offender appears to pose no substantial threat to the safety and well being of the
community. (4) It appears the offender is not likely to be involved in further criminal activity
if the offender complies with all conditions imposed pursuant to the program. (5) The offender
will likely respond to rehabilitative treatment or counseling. (6) The need for restitution
for the victim from the offender outweighs the interest of the state and city for incarceration
of the offender. (b) The city attorney may waive any of the standards specified in subsection
(a) if justice or special circumstances dictate. (Act 2013-343, p....
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