42Admittance into Pretrial Diversion Program.(a) An offender may apply to the district attorney for admittance to thepretrial diversion program. (b) Admittance into the pretrial diversion program is in the absolutediscretion of the district attorney and decisions to admit or to deny admittance to the program shall not be subject to review by any court or otheragency. Moreover, an offender deemedby the district attorney to be a threat to the safety or well-being of thecommunity shall not be eligible for the program.(c) An offender charged with the following offenses shall be ineligible foradmittance:(1) Any Class A felonyor capital offense.(2) Any offense involving deathor serious physical injury to any person, other than the offender.(3) Any offense involving the use of a deadlyweapon.(4) Trafficking in controlled substances or marijuana or manufacturingcontrolled substances in the first degree.(5) Bribery of a government orpublic official or the acceptance of bribes by such officials.(6) Any offense wherein theoffender is a public official and the charge is related to the offender’scapacity as a public official.(7) Any sex offense involvingforcible compulsion or by such officials.(6) Any offense wherein theoffender is a public official and the charge is related to the offender’scapacity as a public official.(7) Any sex offense involvingforcible compulsion or incapacity, or any sex offense wherein the victim is under 12years of age.(8) Any traffic offense wherein the offender is a holder of a commercialdriver’s license or a commercial driver learner permit or is an operator of acommercial motor vehicle. (Act 2012–364, p. 907, § 3.)
Alabama Legal Code