Institutional Diversion Definition:

Any inmate that is transferred into an ALDOC-approved Community Corrections Program from and ALDOC facility.

Institutional Diversion Criteria:

Any Institutional Diversions shall be coordinated through ALDOC. A state inmate incarcerated in a state facility (Institutional Diversion) may be approved by the Department for participation in a CCP under the following conditions:

1. A program is established in the county from which he/she was sentenced. 
2. The sentencing judge of an inmate authorizes the inmate to participate in the program.
3. An inmate may be assigned to a program in another county (if established) if the presiding judge of the other county and the sentencing judge agree to the assignment and if the county has agreed in the contract to accept inmates originally sentenced in other counties.

Diversion at the Time of Sentencing:

As long as the maximum number of offenders who may participate in the program has not been exceeded,  the Court may sentence an eligible offender directly to any appropriate community-based alternative provided, either as a part of or in conjunction with a split sentence as provided in Code of Alabama, Section 15-18-8, or otherwise as an alternative to prison; or as a condition for a defendant to meet in conjunction with probation; and under such additional terms and conditions as the Court may prescribe. Notwithstanding the foregoing, a defendant may only be sentenced to participate in community punishment and corrections programs when adequate space and staffing are available. No program shall be required to operate beyond its staffing and design capacities as provided in Code of Alabama, Section 15-18-172. 

In sentencing an eligible offender to any community-based alternative to incarceration, the Court shall possess the authority to set the duration of the sentence for the offense committed to any period of time up to the maximum sentence within the appropriate sentence range for the particular offense. A Court may not sentence an eligible offender to any community and corrections program if the sentencing would cause the offender population level to exceed the maximum participation level established for that program in its community punishment and corrections plan as provided in Code of Alabama, Section 15-8-172.

Conditions of Jail and Prison Supervision:

The Court shall determine and may at any time modify the conditions of jail and prison diversion and may include among them the following or any other conditions.  Such conditions may provide that the probationer (among other conditions) shall:

1. Obey the Law;
2. Do not possess any firearms, weapons, or explosives;
3. Avoid injurious and vicious habits;
4. Avoid persons or places of disreputable or harmful character;
5. Report to the Case Manager as directed;
6. Permit the Case Manager to visit him at his home or elsewhere;
7. Work faithfully at suitable employment as far as possible;
8. Remain within a specified place;
9. Pay the fine imposed or costs or such portions thereof as the Court may determine and in such installments as the Court may direct;
10. Make reparation or restitution to the aggrieved party for damage or loss caused by his/her offense in an amount to be determined by the Court;
11. Support his/her dependents to the best of his ability;
12. Submit to drug testing.