45-39-82.04
Section 45-39-82.04 Admission into program. (a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted into the pretrial diversion program or as a part of the district attorney's evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, education history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program. (b) The district attorney may require the offender to submit to any test or evaluation process the district attorney deems appropriate in evaluating the offender for admittance...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.04.htm - 1K - Match Info - Similar pages
45-28-82.31
Section 45-28-82.31 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program, the district attorney may terminate the participation of the offender in the program. 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 2011-606, p. 1342, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.31.htm - 871 bytes - Match Info - Similar pages
45-39-82.11
Section 45-39-82.11 Violations; waiver. (a) If the offender violates the conditions of the pretrial diversion program, the district attorney may terminate the participation of the offender in the program. 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 2011-651, p. 1661, §12.)...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.23.htm - 1K - Match Info - Similar pages
45-39-82.03
Section 45-39-82.03 Standards for admission. (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) The offender is 18 years of age or older at the time the 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 community 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 or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or the offender has medical, psychiatric, or vocational difficulties that...
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45-17-81.18
Section 45-17-81.18 Substance abuse treatment program; drug testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program 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 pretrial diversion program 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 services unless otherwise approved by the district attorney. (Act 2007-332, p. 588, §9.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.18.htm - 1K - Match Info - Similar pages
45-29-82.68
Section 45-29-82.68 Substance abuse treatment program; drug testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program 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 pretrial diversion program 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 services unless otherwise approved by the district attorney. (Act 2003-190, 1st Sp. Sess., p. 502, §9.)...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
45-42-82.45
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission and as a part of the district attorney's evaluation process, the district 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 district attorney believes has a bearing on the decision of whether or not the offender should be admitted to the program. (b) The district attorney may require the offender to submit to any type of test or evaluation process or interview the district 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 subpart. Further, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.45.htm - 1K - Match Info - Similar pages
45-9-82.28
Section 45-9-82.28 Substance abuse treatment program; drug testing. The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program 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 pretrial diversion program 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 services unless otherwise approved by the district attorney. (Act 2005-148, p. 258, §9.)...
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