Prior to the issuance of an indictment by a grand jury, the responsibility and authority for the decision to screen or divert cases, or to refuse to screen or divert particular cases, shall rest within the sole judgment and discretion of the district attorney for the circuit. After the issuance of an indictment, a criminal case shall not be diverted or screened without the express approval and concurrence of the presiding judge of the circuit or a circuit court judge designated by him or her for such purposes.
Structure Code of Alabama
Chapter 51 - Montgomery County.
Division 2 - Pretrial Diversion Program.
Section 45-51-82.20 - Definitions.
Section 45-51-82.21 - Discretionary Powers of District Attorney.
Section 45-51-82.22 - Factors Considered.
Section 45-51-82.23 - Appointment of Committee or Advisory Council.
Section 45-51-82.24 - Establishment of Preprosecution or Pretrial Diversionary Program.
Section 45-51-82.25 - Conditions of Behavior and Conduct.
Section 45-51-82.26 - Persons Charged With Certain Criminal Conduct Ineligible for Program.
Section 45-51-82.27 - Decision to Screen or Divert Cases; Approval After Indictment.
Section 45-51-82.28 - Rights of Participating Defendants.
Section 45-51-82.29 - Rights of District Attorney.
Section 45-51-82.31 - Petition to Expunge or Purge Records.