Code of Alabama

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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program
shall be assessed a nonrefundable application fee on each charge of not more than five hundred
dollars ($500) when the applicant is approved for the program. The amount of the assessment
for participation in the program shall be set from time to time by the district attorney.
(b) The assessments provided for under this section shall be in addition to any court
costs and assessments for victims or drug or alcohol treatment required by law, and are in
addition to any other costs of supervision, treatment, and restitution for which the person
may be responsible. Fees may be waived by the district attorney because of circumstances relating
to a specific offender and the financial status of the offender. The fees set out in this
section are maximum and may in the discretion of the district attorney be reduced because
of circumstances relating to a specific offender and the financial status of the...
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45-3-82.43
Section 45-3-82.43 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 pretrial diversion program. (3) It is determined the needs
of the state and 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 the rehabilitative treatment. (b) The district attorney may waive any
of the standards specified in subsection (a) if justice or special circumstances dictate.
(Act 2007-499, p. 1058, §4.)...
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45-34-82.03
Section 45-34-82.03 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 pretrial 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 2003-225, p. 566, §4.)...
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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.)...
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45-7-82.26
Section 45-7-82.26 Time for application. (a) 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 traffic citations, application shall be made within
21 days of the issuance of the citation. (b) The district attorney may waive the time provision
of this section for good cause. (Act 2009-460, p. 802, §7.)...
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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.)...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one
of the following minimum criteria shall be considered eligible for punishment in the community
under this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior.
In reaching this determination, the court may consider prior convictions and other acts not
resulting in conviction or criminal charges, and the offender's behavior while in state or
county confinement. (c) The eligibility criteria established in this section shall
be interpreted as guidelines for the benefit of the court in making a determination of...

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45-7-82.23
Section 45-7-82.23 Standards for admission. (a) Admittance to the pretrial diversion
program shall be appropriate in any of the following circumstances: (1) The offender is 18
years of age or older at the time the alleged offense was committed; 16 years of age or older
if the offense is a traffic violation. (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 state and of the offender can be met through the pretrial diversion program. (4) The offender
appears to pose no threat to the safety and wellbeing 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. (7) The offender has never been granted pretrial
diversion or participated in any similar program in any court in the state. (8) The offender
has no prior felony convictions. (9) The offender does not hold a commercial...
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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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12-25-38
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail
to comply with the conditions of post-release supervision as specified by the Board of Pardons
and Paroles may have their release status revoked. (b) At any time during the period of post-release
supervision, the Board of Pardons and Paroles may issue a warrant and may cause the offender
to be arrested for violating any of the conditions of post-release supervision. (c) Any probation
officer, police officer, or other officer with power of arrest, when requested by the probation
officer or other supervising officer, may arrest an offender under post-release supervision
without a warrant. To arrest the offender without a warrant, the arresting officer shall have
a written statement by the probation officer or other supervising officer declaring that the
offender under post-release supervision, in his or her judgment, has violated the conditions
of post-release supervision. The statement shall be...
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