45-35A-56.10
Section 45-35A-56.10 Violations; waiver. (a) After any violation of any program terms
or conditions or upon any breach of any program agreement by the offender, the city attorney
may do any of the following: (1) Continue the agreement with or without modification. (2)
Terminate the offender from the pretrial diversion program. (3) Require the offender to adopt
a new agreement as a condition of continued participation. (b) The city attorney may waive
a violation for good cause shown why the offender should stay in the program. (Act 2012-445,
p. 1248, §11.)...
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45-45A-31.29
Section 45-45A-31.29 Violations. (a) After any violation of any program terms or conditions
or upon any breach of any program agreement by the offender, the city judge may do any of
the following: (1) Continue the agreement with or without modification. (2) Terminate the
offender from the pretrial diversion program. (3) Require the offender to adopt a new agreement
as a condition of continued participation. (b) The city judge may waive a violation for good
cause shown why the offender should stay in the program. (Act 2013-356, p. 1277, § 10.)...

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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor
and offender may enter into an agreement as a part of the pretrial diversion program that
the offender be admitted to a drug, alcohol, violence, or other self-improvement or self-help
program on an inpatient or outpatient basis or receive other treatment alternatives deemed
by the municipal prosecutor to be in the best interest of the offender and society. (b) The
municipal prosecutor may require the offender to submit to periodic or random drug or other
testing as a part of the pretrial diversion program of the offender and require other terms
and conditions related to substance abuse, domestic violence, or the offense charged as the
municipal prosecutor may direct. (c) The offender shall pay the costs of all services unless
otherwise approved by the municipal court after considering the offender's ability to pay.
(Act 2010-578, p. 1275, §9.)...
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45-27A-30
Section 45-27A-30 Pretrial diversion program. (a) The clerk of the municipal court of
the City of Brewton may establish a pretrial diversion program. (b) It shall be among the
purposes of the pretrial diversion program to provide an alternative to prosecuting offenders
within the City of Brewton's criminal justice system. (c) All discretionary powers endowed
by the common law and provided for by statutes and acts of this state or powers or discretion
otherwise provided by law for the municipal court or municipal prosecutor shall be retained.
(d) The pretrial diversion program shall be under the supervision of the Clerk of the Municipal
Court of the City of Brewton. (Act 2010-578, p. 1275, §1.)...
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45-35A-56
Section 45-35A-56 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the City of Dothan as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal staff employed by
the city 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, whether
employed in this state or elsewhere. (5) OFFENDER. Any person charged with a criminal offense
including, but not limited to, any misdemeanor, violation, or traffic offense, as defined
by existing law, which was allegedly committed within the corporate limits or police jurisdiction
of the City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the
imposition by the city or by a designated agency of certain conditions of behavior...
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45-45A-31.20
Section 45-45A-31.20 Definitions. For the purposes of this subpart, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Huntsville as a condition precedent to participation in a pretrial diversion
program. (2) CITY. The City of Huntsville. (3) CITY ATTORNEY. The city attorney of the City
of Huntsville or any legal staff employed by the city attorney. (4) CITY COUNCIL. The City
Council of the City of Huntsville. (5) CITY JUDGE. Any municipal judge appointed to the position
by the City Council of the City of Huntsville. (6) LAW ENFORCEMENT. As defined in subdivision
(1) of Section 41-8A-1. (7) LAW ENFORCEMENT OFFICER. As defined in subdivision (15)
of Section 36-25-1, whether employed in this state or elsewhere. (8) OFFENDER. Any
person charged with a criminal offense including, but not limited to, any misdemeanor, violation,
or traffic offense, as defined by existing law, which was allegedly committed in the...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability
under program. (a) A person charged with a criminal offense under the jurisdiction of the
municipal court in a municipality that has established a pretrial diversion program may apply
to the court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters
into a pretrial diversion program established under this division shall be brought before
a court of competent jurisdiction and shall satisfy each of the following requirements: (1)
Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior
to entering into any agreement or seeking entry into a pretrial diversion program created
pursuant to this division, an offender must be represented by counsel or waive his or her
right to have counsel before a judge of a court of competent jurisdiction. If the offender
is indigent, nothing in this division shall prevent the court from appointing counsel to represent
an offender. (c) An offender who enters a pretrial diversion program pursuant to this...
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12-23A-8
Section 12-23A-8 Transfers between drug courts. Any drug court in this state may transfer
to or accept transfer from any other drug court in this state, as well as any drug court in
any other state which is a part of the Interstate Compact for Adult Offender Supervision,
any drug offender for admission into the respective drug court program based upon the residence
of the drug offender. All terms and conditions of the transfer and supervision shall be clearly
stated, in writing, and shall not be valid unless agreed to, in writing, by all of the following:
(1) The drug offender. (2) The defense attorney. (3) The judge and prosecutor of the transferring
drug court. (4) The judge and prosecutor of the receiving drug court. (Act 2010-754, p. 1909,
§8.)...
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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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