Section 45-3-82.42


Published: 2015

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Section 45-3-82.42

Section 45-3-82.42Applicants for admittance.

(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Third Judicial Circuit may apply to the District Attorney of the Third Judicial Circuit for admittance to the pretrial diversion program.



(b) A person charged with any of the following offenses may apply for the program:



(1) A traffic offense, other than driving under the influence (DUI) 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.



(2) A property offense.



(3) An offense wherein the victim did not receive serious physical injury.



(4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer.



(5) A misdemeanor other than one specifically excluded in this section.



(6) A violation classified under the Code of Alabama 1975.



(c) The following offenses are ineligible for consideration for the pretrial diversion program:



(1) Trafficking in or distribution of drugs, or both.



(2) Any offense involving the abuse of a child or an elderly person.



(3) Any sex offense.



(4) Any Class A felony.



(5) Any offense involving serious injury to a person.



(6) Any offense involving death.



(7) 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.



(d) A person deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the pretrial diversion program.



(e) 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 diversion program.

(Act 2007-499, p. 1058, §3.)