§ 45-59-82.41 — Definitions

Alabama § 45-59-82.41

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 59: St. Clair County
• Art. 8: Courts
• Part 3: District Attorney
• Subpart 3: County Pretrial Diversion Program

Text

For the purpose of this subpart, the following terms shall have the following meanings:
(1)
APPLICATION FEE. A one-time administrative fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program.
(2)
DISTRICT ATTORNEY. The elected or appointed District Attorney of St. Clair County or any assistant district attorney employed by that district attorney.
(3)
ELIGIBLE OFFENDER. A person charged with any of the following offenses may apply for the pretrial diversion program:
a.
A property offense.
b.
An offense wherein the victim did not receive serious physical injury.
c.
An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a district attorney or his or her employee, a school official, or a correctional officer.
d. A misdemeanor other than one specifically excluded in this section.
e. A traffic offense other than driving under the influence or a traffic offense charged to a commercial driver’s license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense.
(4) Ineligible offender.
a. A person charged with one or more of the following offenses shall be ineligible for consideration for the pretrial diversion program:
1. Trafficking in controlled substances or marijuana.
2. Sale or distribution of any controlled substance or marijuana.
3. Bribery.
4. Any offense wherein the offender is a public official and the charge is related to his or her capacity as a public official.
5. Any offense involving the abuse of a child or an elderly person.
6. Any sex offense.
7. Any Class A felony.
8. Any offense involving serious physical injury to a person.
9. Any offense involving death.
10. Promoting prison contraband in any degree.
11. Any offense involving the use of a deadly weapon or dangerous instrument.
b. The district attorney may deem a person to be ineligible. The opinion of law enforcement officers involved in the offense may be sought and used in the decision whether to approve the applicant for the pretrial division program as well as prior criminal history.
(5) LAW ENFORCEMENT. As defined in Section 41–8A–1.
(6) LAW ENFORCEMENT OFFICER. As defined in Section 36–25–1, whether in the State of Alabama or located elsewhere.
(7) OFFENDER. Any person charged with a crime as defined by this code, which was allegedly committed in the jurisdiction of St. Clair County.
(8) PRETRIAL DIVERSION PROGRAM. A program that allows the imposition of certain conditions of behavior and conduct by the district attorney or by a designated agency upon defendants charged with certain criminal offenses for a specified period of time prior to formal prosecution which would allow the defendant to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated should all of the conditions be met during the time frame set by the district attorney.
(9) SERIOUS PHYSICAL INJURY. As defined in Section 13A–1–2.
(10) SUPERVISION FEE. Any fee imposed by any agency providing supervision of the defendant.

Legislative History

(Act 2009–649, p. 1991, § 2.)