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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-91.htm - 2K - Match Info - Similar pages
12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.03.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.23.htm - 1K - Match Info - Similar pages
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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.23.htm - 1K - Match Info - Similar pages
12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness,
negligence, or intentional misconduct, the district attorney or his or her staff shall have
no liability, criminal or civil, for the conduct of any offender while participating in a
pretrial diversion program established under this division or of any service provider or its
agents that are contracted to or who have agreed to provide services to the pretrial diversion
program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney,
or his or her staff or its officers or employees, shall have no liability, criminal or civil,
for any injury or harm to the offender while the offender is a participant in any pretrial
diversion program administered pursuant to this division. The district attorney may require
written agreed upon waivers of liability as a prerequisite for admittance into the pretrial
diversion program. (c) Absent an agreement which includes the consent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.13.htm - 1K - Match Info - Similar pages
45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.22.htm - 2K - Match Info - Similar pages
45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.02.htm - 2K - Match Info - Similar pages
12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
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