Code of Alabama

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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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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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45-45-83.42
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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45-9-82.22
Section 45-9-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Fifth
Judicial Circuit may apply to the District Attorney of the Fifth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for the program: (1) A traffic offense. (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 sex offense. (4) Any Class A...
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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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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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