Code of Alabama

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45-23-82.03
Section 45-23-82.03 Standards for admission. 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 that 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 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. (Act 2005-130, p. 215, §4.)...
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45-23-82.11
Section 45-23-82.11 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district
attorney may waive a violation for good cause shown why the offender should stay in the pretrial
diversion program. (Act 2005-130, p. 215, §12.)...
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45-27-82.20
Section 45-27-82.20 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Twenty-first Judicial Circuit of Alabama may establish a pretrial diversion
program. (b) The district attorney shall retain 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 District Attorney of the Twenty-first Judicial Circuit. (c) The pretrial
diversion program shall be under the direct supervision and control of the district attorney
and the district attorney may contract with any agency, person, or corporation for services
related to this subpart. The district attorney may employ necessary persons to accomplish
this subpart and these persons shall serve at the pleasure of the district attorney. (Act
95-388, p. 791, §1.)...
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45-27-82.30
Section 45-27-82.30 Violations; waiver. (a) If the offender violates the conditions 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. (b)
The district attorney may waive a violation for good cause shown why the offender should stay
in the pretrial diversion program. (Act 95-388, p. 791, §11.)...
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45-28-82.33
Section 45-28-82.33 Funding. The pretrial diversion program may apply for grants, may accept
gifts from individuals or corporations, and may receive funding or appropriations from city,
county, or state agencies or departments to be used in the maintenance or expansion of the
pretrial diversion program. (Act 2011-606, p. 1342, §14.)...
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45-29-82.71
Section 45-29-82.71 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district
attorney may waive a violation for good cause shown why the offender should stay in the pretrial
diversion program. (Act 2003-190, 1st Sp. Sess., p. 502, §12.)...
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45-3-82.40
Section 45-3-82.40 Established; discretionary powers; supervision and control. (a) The District
Attorney of the Third Judicial Circuit of Alabama may establish a pretrial diversion program.
(b) 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 District Attorney
of the Third Judicial Circuit shall be retained. (c) The pretrial diversion program shall
be under the direct supervision and control of the district attorney and the district attorney
may contract with any agency, person, or corporation for services related to this subpart.
The district attorney may employ necessary persons to accomplish this subpart and these persons
shall serve at the pleasure of the district attorney. (Act 2007-499, p. 1058, §1.)...
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45-34-82.11
Section 45-34-82.11 Violations; waiver. (a) If the offender violates the conditions 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. 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. (b) The district
attorney may waive a violation for good cause shown why the offender should stay in the pretrial
diversion program. (Act 2003-225, p. 566, §12.)...
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45-39-82.13
Section 45-39-82.13 Funding. The pretrial diversion program may apply for grants, may accept
gifts from individuals or corporations, and may receive funding or appropriations from city,
county, or state agencies or departments to be used in the maintenance or expansion of the
pretrial diversion program. (Act 2011-651, p. 1661, §14.)...
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45-4-83.02
for admittance. (a) A person charged with a criminal offense specified in this subsection whose
jurisdiction is in the circuit or district court of the Fourth Judicial Circuit may apply
to the district attorney for admittance to the pretrial diversion program. A person charged
with any of the following offenses may apply for the program: (1) A traffic offense, other
than driving under the influence. (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. (b) 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 felony. (5) Any offense...
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