43Determinations for Offender’s Admittance into Pretrial Diversion Program.(a) In determining whether an offender may be admitted into the pretrialdiversion program, it shall be appropriate for the district attorney toconsider any or all of the following circumstances: (1) There is a probability that justice will be servedif the offender is placedinto the pretrial diversion program.(2) It is determined that the needs of the community and the offender can be met through the program. (3) The offender appears to poseno substantial threat to the safety and well-being of the community or lawenforcement. (4) The offender appears unlikelyto be involved in furthercriminal activity. (5) The offender will likelyrespond to rehabilitative treatment or counseling.(b) The district attorney may waive any of the standards specifiedin subsection (a) if justice or circumstances dictate.(Act 2012–364, p. 907, § 4.)
Alabama Legal Code