Section 45-28-82.22 - Applicants for admittance(a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218.(4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23.(b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial diversion program:(1) Any Class A felony or capital offense.(2) Any offense involving serious physical injury to a person.(3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or an individual over the age of 65.(4) Any offense involving death.(5) A person deemed by the district attorney to be a threat to the safety or well-being of the community.(6) Bribery of a government or public official.(7) Any offense wherein the offender is a public official and the charge is related to his or her capacity as a public official.(8) Abduction or kidnapping.(9) Any sex offense involving forcible compulsion or incapacity.Ala. Code § 45-28-82.22 (1975)
Act 2011-606, p. 1342, § 3.