45-31-84.04
Section 45-31-84.04 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.04.htm - 1K - Match Info - Similar pages

45-35A-56.03
Section 45-35A-56.03 Ineligibility for program. Admittance into the pretrial diversion program
is in the sole discretion of the city attorney. An offender deemed by the city attorney 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.03.htm - 1K - Match Info - Similar pages

45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, the city attorney and the offender shall submit the written
application of the offender together with the statement of facts of the offender, the acceptance
of the offender by the city judge, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
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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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.22.htm - 1K - Match Info - Similar pages

45-37A-160.03
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) A person may not be admitted to the program if the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.03.htm - 1K - Match Info - Similar pages

45-37A-240.23
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 person may not be admitted to the program if the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages

45-37A-270.23
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) A person may not be admitted to the program if the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages

45-23-82.02
specified in this subsection whose jurisdiction is in the circuit or district court of the
Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged only with any
of the following offenses may apply for the program: (1) A traffic offense, other than driving
under the influence (DUI). (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. (c) 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 forcible sex offense. (4) Any Class A felony. (5)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.02.htm - 2K - Match Info - Similar pages

45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-31-84.10.htm - 3K - Match Info - Similar pages

45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-56.09.htm - 3K - Match Info - Similar pages