Persons charged with the following criminal conduct shall not be eligible for participation in any preprosecution diversionary program instituted under this part.(1) Abduction and kidnapping. (2) Arson. (3) Blackmail. (4) Bribery by or of a public official. (5) Burglary in the first degree. (6) Illegal use of dynamite or other explosives in violation of Sections 13-2-60, 13-2-61, and 13-2-63, Code of Alabama of 1975.(7) Escape. (8) Homicide. (9) Mayhem. (10) Forcible sex crimes. (11) Robbery.(12) Sale of controlled substances. (13) Lewd and lascivious acts upon a child. (14) Violation of public officials duty and obligation. (15) Introduction of drugs into a penal or correctional institution. (16) Capital offense or an offense which would have been a capital offense before June 29, 1972.
Alabama Legal Code