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45-37A-160.03
into the pretrial diversion program is in the sole discretion of the municipal court judge
upon application approved by the city prosecutor. An offender deemed by the city prosecutor
to be a threat to the safety or well-being of the community shall not be eligible for the
program. An offender charged with any of the following types of offenses without the express
written consent of the victim shall be ineligible for admittance: (1) Any offense involving
violence or aggression resulting in injury to a law enforcement officer. (2) Any offense
involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving
violence where a weapon was used or where children are victims. (4) Any driving under the
influence charge where serious physical injuries are involved. (5) Any offense wherein the
offender is a public official and the charge is related to the capacity of the offender as
a public official. (b) A person may not be admitted to the program if the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.03.htm - 1K - Match Info - Similar pages
45-37A-240.23
into the pretrial diversion program is in the sole discretion of the municipal court judge
upon application approved by the city prosecutor. An offender deemed by the city prosecutor
to be a threat to the safety or wellbeing of the community shall not be eligible for the program.
An offender charged with any of the following types of offenses without the express written
consent of the victim shall be ineligible for admittance: (1) Any offense involving violence
or aggression resulting in injury to a law enforcement officer. (2) Any offense involving
eluding or attempting to elude a law enforcement officer. (3) Any offense involving violence
where a weapon was used or where children are victims. (4) Any driving under the influence
charge where serious physical injuries are involved. (5) Any offense wherein the offender
is a public official and the charge is related to the capacity of the offender as a public
official. (b) A person may not be admitted to the program if the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages
45-37A-270.23
into the pretrial diversion program is in the sole discretion of the municipal court judge
upon application approved by the city prosecutor. An offender deemed by the city prosecutor
to be a threat to the safety or well-being of the community shall not be eligible for the
program. An offender charged with any of the following types of offenses without the express
written consent of the victim shall be ineligible for admittance: (1) Any offense involving
violence or aggression resulting in injury to a law enforcement officer. (2) Any offense
involving eluding or attempting to elude a law enforcement officer. (3) Any offense involving
violence where a weapon was used or where children are victims. (4) Any driving under the
influence charge where serious physical injuries are involved. (5) Any offense wherein the
offender is a public official and the charge is related to the capacity of the offender as
a public official. (b) A person may not be admitted to the program if the person...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-83.03.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-82.23.htm - 1K - Match Info - Similar pages
12-17-226.2
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 violation, except the
district attorney may determine that a person charged with a misdemeanor offense or violation
is ineligible to apply for the program if it is in the best interest of the victim, the offender,
the community, or justice. (5) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
45-27A-30.04
Section 45-27A-30.04 Admission into program. (a) Prior to being admitted into the pretrial
diversion program or as a part of the evaluation process, an offender may be required by the
municipal prosecutor to furnish information concerning his or her past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the municipal prosecutor
believes may have a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The municipal prosecutor may require the offender to
submit to any type of test or evaluation process or interview that the municipal prosecutor
deems appropriate in evaluating the offender for admittance in the pretrial diversion program.
The costs of any test or evaluation shall be paid by the offender or as otherwise agreed to
or as provided by this part. (Act 2010-578, p....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.04.htm - 1K - Match Info - Similar pages
45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b)
An offender charged with any of the following offenses is ineligible for consideration for
the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) 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 military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.22.htm - 2K - Match Info - Similar pages
45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) 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 military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.02.htm - 2K - Match Info - Similar pages
12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.1.htm - 1K - Match Info - Similar pages
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