Code of Alabama

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45-34-82.04
Section 45-34-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
test taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion 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 pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or provided
for by this part. (Act 2003-225, p. 566, §5.)...
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45-4-83.04
Section 45-4-83.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
test taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion 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 pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or provided
for by this part. (Act 2006-418, p. 1036, §5.)...
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45-9-82.24
Section 45-9-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part or the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
test taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion 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 pretrial diversion 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. (Act 2005-148, p. 258, §5.)...
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45-7-82.21
Section 45-7-82.21 Established; discretionary powers; supervision and control. (a) The district
attorney 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. (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
2009-460, p. 802, §2.)...
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45-7-82.24
Section 45-7-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the evaluation process of the district attorney, an applicant may
be required by the district attorney to furnish information concerning 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 district attorney believes has a bearing on the decision as to whether the offender should
be admitted into the pretrial diversion program. (b) The district attorney may require the
offender to submit to any type of test or evaluation process or interview deemed appropriate
by the district attorney in evaluating the offender for admittance into the pretrial diversion
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. (Act 2009-460, p. 802,...
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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...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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45-1-82.05
Section 45-1-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the records...
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45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial
diversion program agreed to in writing by the offender, the district attorney may terminate
the participation of the offender in the pretrial diversion program and actively pursue prosecution
of the offender for the crime or crimes charged. 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. Upon removal from the program, the offender
shall be deemed to forfeit, for the use of the pretrial diversion program purposes provided
for in this subpart, any fees paid for the admission into 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 2006-89, p. 110, §12.)...
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45-12-82.05
Section 45-12-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) While in the program, the applicant shall agree, in writing, to the
tolling of periods of limitations established by statutes or rules of court. (3) Agree, in
writing, to the conditions of the pretrial diversion program established by the district attorney.
(4) If there is a victim of the crime, agree in writing to pay restitution, if any, due the
victim within a specified period of time and in an amount to be determined by the district
attorney taking into account circumstances of the offender and victim. (5) Voluntarily execute
in writing a permission to search and seize illegal contraband or substances. (b) The district
attorney's pretrial diversion program records, along with the...
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