45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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45-45-83.47
Section 45-45-83.47 Drug and alcohol services The district attorney and the offender may enter
into an agreement as a part of the PTIP of an offender that the offender be admitted to a
drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives
for substance abuse. The district attorney may require the offender to submit to periodic
or random drug testing as a part of the PTIP of the offender and other terms and conditions
related to substance abuse as the district attorney may direct. The offender shall pay the
costs of all such services unless otherwise agreed. (Act 94-392, p. 645, § 8.)...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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45-12-82.03
Section 45-12-82.03 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 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 never been granted pretrial diversion or
participated in any similar program in any court in any state. (8) The offender has no prior
misdemeanor or felony convictions. (b) The district attorney may...
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45-1-82.03
Section 45-1-82.03 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 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 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 never been granted pretrial diversion or participated
in any similar program in any court in any state. (8) The offender has no prior misdemeanor
or felony convictions. (b) The district attorney may waive any of...
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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following circumstances: (1) The offender is 18 years of
age or older at the time the alleged offense was committed; 16 years of age or older if the
offense is a traffic violation. (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 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. (7) The offender has never been granted pretrial diversion or
participated in any similar program in any court in the state. (8) The offender has no prior
felony convictions. (9) The offender does not hold a commercial...
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45-16-82.23
Section 45-16-82.23 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 2005-145, p. 249, §4.)...

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45-17-81.13
Section 45-17-81.13 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 2007-332, p. 588, §4.)...

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45-18-81.23
Section 45-18-81.23 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 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 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. (b) The district attorney may waive any of the
standards specified in subsection (a) if justice or special circumstances dictate. (Act 2004-478,
p. 884, §4.)...
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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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