31-16A-4: Eligibility.

A. A defendant shall meet the following minimum criteria to be eligible for a preprosecution diversion program:

(1) the defendant shall have no prior felony convictions for a violent crime;

(2) the defendant is willing to participate in the program and submit to all program requirements;

(3) any additional criteria set by the district attorney.

B. A person who meets all of the criteria pursuant to Subsection A of this section may be entered into the preprosecution diversion program; provided that the district attorney may elect not to divert a person to the preprosecution diversion program even though that person meets the minimum criteria set forth in this section.

C. A decision by the district attorney not to divert a person to the preprosecution diversion program is not subject to appeal and shall not be raised as a defense to any prosecution or habitual offender proceeding.