45-39-82.06
Section 45-39-82.06 Time for application. An offender shall make application to the pretrial diversion program at a time to be determined by the district attorney. (Act 2011-651, p. 1661, §7.)...
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45-39-82.15
Section 45-39-82.15 Use of other programs. The district attorney, to the extent practicable, may utilize the services of an existing community corrections program established pursuant to Section 15-18-170, to provide for the supervision of a defendant participating in the pretrial diversion program. The district attorney may utilize the services of an existing drug court program established pursuant to Section 12-23A-4, so long as the district attorney determines it would serve the best interest of justice and the community. (Act 2011-651, p. 1661, §16.)...
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45-45A-31.23
Section 45-45A-31.23 Standards for admission. (a) The city judge may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state, city, and the offender can be met through the program. (3) The offender appears to pose no substantial threat to the safety and well-being of the community. (4) It appears the offender is not likely to be involved in further criminal activity if the offender complies with all conditions imposed pursuant to the program. (5) The offender will likely respond to rehabilitative treatment or counseling. (6) The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender. (b) The city judge may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 2013-356, p. 1277, §...
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12-17-226.7
Section 12-17-226.7 Time for application. An offender shall make application to a pretrial diversion program established under this division at a time to be determined by the district attorney, but in the case of a felony, may not be more than 90 days after arraignment. (Act 2013-361, p. 1290, §8.)...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation. (a) Any drug offender subject to this chapter who posts bail shall submit to random observed drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo a screening under any of the following conditions: (1) The results of a drug test are positive. (2) The drug offender requests a screening. (3) The drug offender admits to substance use or abuse within the year preceding the arrest for the present charge. (4) The present charge involves a violation of the controlled substances or impaired driving statutes. (5) The drug offender, within the previous five years, has been convicted in any state or federal court involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements of subsection (a), the court shall order a drug offender...
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45-1-82.12
Section 45-1-82.12 Liability of district attorney. The district attorney shall have no liability, criminal or civil, for the conduct of any offender participating in the pretrial diversion program. (Act 2006-89, p. 110, §13.)...
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45-23-82.02
Section 45-23-82.02 Applicants 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 Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only with any of the following offenses may apply for the program: (1) A traffic offense, other than driving under the influence (DUI). (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...
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45-42-82-42
Section 45-42-82-42 Application for admittance. An offender may apply to the district attorney for admittance into the pretrial diversion program. The application shall be made in the time and manner designated by the district attorney. (Act 2012-360, p. 892, § 3.)...
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45-42-82.41
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control. (a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the District Attorney of the Thirty-ninth 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, including, but not limited to, the Limestone County Community Correction Program and the Drug Court for Limestone County, for services related to this subpart. The district attorney may employ necessary persons to accomplish this subpart and such persons shall serve at the pleasure of the district attorney. (Act 2012-360, p. 892, § 2.)...
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45-1-82.06
Section 45-1-82.06 Time for application. (a) Except for traffic offenses, an offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever occurs first. In the case of eligible traffic offenses, application shall be made within 21 days of the issuance of the citation. (b) For good cause established and at the discretion of the district attorney, the provision of subsection (a) may be waived by the district attorney. (Act 2006-89, p. 110, §7.)...
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