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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45-4-83.09
Section 45-4-83.09 Written agreement; other terms and conditions. (a) In any case in
which an offender is admitted into a pretrial diversion program, there shall be a written
agreement between the district attorney and the offender. The agreement shall include the
terms of the pretrial diversion program, the length of the program, and the period of time
after which the district attorney will dispose of the charges against the offender in a noncriminal
manner or what charges the defendant will plead guilty to and the sentence the offender will
receive. If, as part of the pretrial diversion program, the offender agrees to plead guilty
to a particular offense and receive a specific sentence, this agreement concerning the offense
and sentence shall be approved by an appropriate circuit or district judge of the Fourth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the district...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel,
sheriff personnel, district attorney investigator, Department of Human Resources personnel,
parole and probation personnel, community corrections office personnel, and court referral
office personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any
person charged with a criminal offense, including, but not limited to, any...
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45-45A-31.22
Section 45-45A-31.22 Applicants for admittance. Admittance into the pretrial diversion
program is in the sole discretion of the city judge. An offender deemed by the city judge
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 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 weapons are 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. (6) The person may not hold a commercial driver license
(CDL) issued in any state, any United States possession or territory,...
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45-29-82.65
Section 45-29-82.65 Program requirements. (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) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (3) Waive in writing his or her
right to a jury trial. (4) Provide a statement as to his or her involvement in the offense
charged, which statement shall be admissible in any criminal trial. (5) Agree, in writing,
to the conditions of the pretrial diversion program established by the district attorney.
(6) If there is a victim of the crime, agree in writing to a restitution agreement 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. (b) Pretrial diversion program records...

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12-19-313
Section 12-19-313 Assessment of fees. If the charge against a defendant in a case is
disposed of by a finding of not guilty, no bill, dismissal or nolle prosequi without conditions,
the fees imposed in the case pursuant to paragraph b. of subdivision (1) of subsection (a)
of Section 12-19-311 shall not be assessed. In all other cases wherein the charge against
a defendant is disposed of by conviction, a finding of guilty, or dismissal or nolle prosequi
upon conditions to pay costs and fees, the fees pursuant to paragraph b. of subdivision (1)
of subsection (a) of Section 12-19-311 shall be assessed. If the defendant is admitted
to a pretrial diversion program or to a specialty court program, the fee shall be assessed
as with other court costs and fees. (Act 2012-535, p. 1582, §4.)...
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45-37A-160.03
Section 45-37A-160.03 Applicants for admittance. (a) Admittance 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)...
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45-37A-240.23
Section 45-37A-240.23 Applicants for admittance. (a) Admittance 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...
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45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance 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)...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal
offense or violation as specified in this section within the jurisdiction of the municipal
court may apply with the municipal prosecutor for admittance into the pretrial diversion program.
(b) A person charged with any of the following may apply for admission into 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. (6) A violation classified under this code. (7) A violation or offense classified
under the Municipal Code of the City of Brewton. (c) The following offenses are ineligible
for consideration for the pretrial diversion program: (1) Any offense involving the...
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