20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...

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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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45-35A-56.04
Section 45-35A-56.04 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 2012-445, p....
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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...
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45-31-84.06
Section 45-31-84.06 Admission into program. (a) Upon application by an offender for
admission into the pretrial diversion program, and prior to admission thereto and as a part
of the evaluation process of the city attorney, the city attorney may require the offender
to furnish information concerning past criminal history, education history, work record, family
history, medical or psychiatric treatment or care prescribed or received, psychological tests
taken, and any other information concerning the offender which the city attorney believes
has a bearing on the decision whether or not the offender should be admitted to the program.
(b) The city attorney may require the offender to submit to any type of test or evaluation
process or interview the city attorney deems appropriate in evaluating the offender for admittance
into the program. The costs of any test or evaluation shall be paid by the offender or as
otherwise agreed to or provided for by this part. The offender shall provide the...
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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...
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45-35A-56.05
Section 45-35A-56.05 Admission into program. (a) Upon application by an offender for
admission into the pretrial diversion program, and prior to admission thereto and as a part
of the evaluation process of the city attorney, the city attorney may require the offender
to furnish information concerning past criminal history, education history, work record, family
history, medical or psychiatric treatment or care prescribed or received, psychological tests
taken, and any other information concerning the offender which the city attorney believes
has a bearing on the decision of whether or not the offender should be admitted to the program.
(b) The city attorney may require the offender to submit to any type of test or evaluation
process or interview the city attorney deems appropriate in evaluating the offender for admittance
into the program. The costs of any test or evaluation shall be paid by the offender or as
otherwise agreed to or provided for by this part. The offender shall provide...
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45-7-82.31
Section 45-7-82.31 Pretrial Diversion Program Fund. (a) If the offender violates any
condition 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, including the reason for the termination. Upon removal from the program, the offender
will be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into 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 2009-460, p. 802, §12.)...
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45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue prosecution of the offender for the crime or crimes charged. 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. Upon removal from the
program, the offender shall be deemed to forfeit, for the use of the pretrial diversion program
purposes provided for in this subpart, any fees paid for the admission into 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 2006-89, p. 110, §12.)...
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45-12-82.11
Section 45-12-82.11 Violations; waiver. (a) If the offender violates any condition of
the pretrial diversion program agreed to in writing by the offender, the district attorney
may terminate the participation of the offender in the pretrial diversion program and actively
pursue the prosecution of the offender for the crime or crimes charged. 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. Upon removal from
the program, the offender will be deemed to forfeit, for the use of the pretrial diversion
program purposes provided for in this part, any fees paid for the admission into 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 2006-595, p. 1625, §12.)...

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