(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.
(2) A property offense.
(3) A misdemeanor.
(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.
Last modified: May 3, 2021