Section 45-42-82.41 – Establishment of Program; Discretionary Powers; Supervision and Control.
Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control. (a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the […]
Section 45-42-82-42 – Application for Admittance.
Section 45-42-82-42 Application for admittance. An offender may apply to the district attorney for admittance into the pretrial diversion program. The application shall be made in the time and manner designated by the district attorney. (Act 2012360, p. 892, § 3.)
Section 45-42-82.43 – Ineligibility for Program.
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 […]
Section 45-42-82.44 – Standards for Admission.
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state and of the offender […]
Section 45-42-82.45 – Admission to Program.
Section 45-42-82.45 Admission to program. (a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission and as a part of the district attorney’s evaluation process, the district attorney may require the offender to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric […]