Jail and Prison Diversion

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Jail and Prison Diversion offers sentencing judges an alternative for non-violent offenders to serve their sentence in the community.  The Community Corrections Officers provide the judges with specific criteria for the offender to follow to maintain their community custody status.  The criteria may be any one of the following or any combination:  day reporting, drug testing, GED classes, drug treatments, NA/AA/Support Meetings, community service, and employment assistance. 

Eligibility for Jail and Prison Diversion:

The eligibility criteria established in Code of Alabama, Section 15-18-175  shall be interpreted as guidelines for the benefit of the Court in making a determination of eligibility of offenders and assessment of funds.

An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under Code of Alabama, Section 15-18-175:

  1. Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correctional institution.
  2. Persons who are convicted of misdemeanors.

Exclusions from Jail and Prison Diversion:

The following felony offenders are excluded from consideration for punishment in the community under Code of Alabama, Section 15-18-171 (14):

  1. One who is convicted of any of the following felony offenses: murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, selling or trafficking in controlled substances, robbery in the first degree, sexual abuse in the first degree, forcible sex crimes, lewd and lascivious acts upon a child, or assault in the first degree if the assault leaves the victim permanently disfigured or disabled.
  2. Persons who demonstrate a pattern of violent behavior. In reaching this determination, the Court may consider prior convictions and other acts not resulting in conviction or criminal charges, and the offender’s behavior while in state or county confinement.