(a) The city judge 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, city, and the offender can be met through the program.
(3) The offender appears to pose no substantial threat to the safety and well-being of the community.
(4) It appears the offender is not likely to be involved in further criminal activity if the offender complies with all conditions imposed pursuant to the program.
(5) The offender will likely respond to rehabilitative treatment or counseling.
(6) The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender.
(b) The city judge may waive any of the standards specified in subsection (a) if justice or special circumstances dictate.
Structure Code of Alabama
Chapter 45A - Madison County Municipalities.
Division 2 - Pretrial Diversion Program.
Section 45-45A-31.20 - Definitions.
Section 45-45A-31.21 - Establishment of Program.
Section 45-45A-31.22 - Applicants for Admittance.
Section 45-45A-31.23 - Standards for Admission.
Section 45-45A-31.24 - Admission Into Program.
Section 45-45A-31.25 - Program Requirements.
Section 45-45A-31.27 - Collection and Disbursement of Fees.
Section 45-45A-31.28 - Terms and Conditions.