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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.22.htm - 1K - Match Info - Similar pages
12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program; Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters into a pretrial diversion program established under this division may satisfy any of the following requirements: (1) Provide a statement admitting his or her participation in, and responsibility for, the offense which is the subject of the application for entry into the pretrial diversion program. The statement provided by the offender shall be admissible in any criminal trial. (2) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (3) If there is restitution, agree in writing to a restitution amount to be paid within a specified period of time, or for restitution to remain open for future changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating law enforcement agency incurred extraordinary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.6.htm - 6K - 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
45-37A-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
45-39-82.02
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
45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, the following: (1) A voluntary waiver of the offender's right to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statute or rules of court. (3) An agreement to the conditions of the program established by the district attorney. (4) If there is a victim of the charged crime, an agreement to a restitution repayment 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 the victim. (5) A waiver in writing of the offender's right to a jury...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.46.htm - 5K - Match Info - Similar pages
12-25-36
Section 12-25-36 Sentencing under the voluntary truth-in-sentencing standards. This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in-sentencing standards, all of the following rules shall apply: (1) Sentences imposed based on voluntary truth-in-sentencing standards pursuant to this article shall not be subject to any other provision of law concerning the duration of sentence. (2) Sentences imposed based on the voluntary truth-in-sentencing standards shall include both a minimum and an extended term of sentence including a period of post-release supervision. The minimum sentence and the extended sentence shall be specified in the judgment of the court for those sentences that are imposed in compliance with the voluntary truth-in-sentencing standards. Sentence dispositions may include active incarceration,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-36.htm - 2K - Match Info - Similar pages
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