§ 45-57-82.42 — Admittance into Pretrial Diversion Program

Alabama § 45-57-82.42

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 57: Russell County
• Art. 8: Courts
• Part 3: District Attorney
• Subpart 3: Pretrial Diversion

Text

(a) An offender may apply to the district attorney for admittance to the pretrial diversion program.
(b) Admittance into the pretrial diversion program is in the absolute discretion of the district attorney and decisions to admit or to deny admittance to the program shall not be subject to review by any court or other agency. Moreover, 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.
(c) An offender charged with the following offenses shall be ineligible for admittance:
(1) Any Class A felony or capital offense.
(2) Any offense involving death or serious physical injury to any person, other than the offender.
(3)
Any offense involving the use of a deadly weapon.
(4) Trafficking in controlled substances or marijuana or manufacturing controlled substances in the first degree.
(5) Bribery of a government or public official or the acceptance of bribes by such officials.
(6) Any offense wherein the offender is a public official and the charge is related to the offender’s capacity as a public official.
(7) Any sex offense involving forcible compulsion or incapacity, or any sex offense wherein the victim is under 12 years of age.
(8) Any traffic offense wherein the offender is a holder of a commercial driver’s license or a commercial driver learner permit or is an operator of a commercial motor vehicle.

Legislative History

(Act 2012–364, p. 907, § 3.)