HB737 Alabama 2010 Session

Summary

Primary Sponsor

Seth Hammett

Democrat

Co-Sponsors

Harry ShiverAlan Baker

Session

Regular Session 2010

Title

Brewton, pretrial diversion program, established

Summary

HB737 creates a Brewton municipal court pretrial diversion program to divert eligible offenders from formal prosecution.

What This Bill Does

The bill authorizes the City of Brewton’s municipal court clerk to establish and supervise a pretrial diversion program. It defines who can apply, which offenses are eligible or ineligible, and allows the municipal prosecutor to waive certain ineligible offenses under special circumstances. Admission requires specific age, risk, and rehabilitation criteria, plus written waivers and agreements including restitution and program terms. It also sets up fees, confidentiality protections, and a process for termination and potential prosecution if program rules are violated.

Who It Affects

• Offenders charged with crimes within the Brewton municipal court's jurisdiction who may be admitted to the pretrial diversion program and must meet eligibility criteria and agree to program terms.
• The City of Brewton’s governmental and legal entities—specifically the municipal court, municipal prosecutor, and law enforcement—who administer, fund, supervise, and enforce the program, including handling fees, records, and potential termination of participation.

Key Provisions

• Establishment and supervision of the pretrial diversion program by the Brewton municipal court clerk.
• Eligibility rules for admission, including age, type of offense, lack of substantial threat to the community, and likelihood of rehabilitation; certain offenses are ineligible unless waived by the municipal prosecutor.
• Mandatory admission terms and written agreements, including waiving speedy trial, tolling statutes, restitution payment, and admission of participation; judge must approve any plea-related arrangements.
• Fees and costs structure for applicants and participants, with allowances for indigency and a clear process for collecting and using funds to support the program and related services.
• Confidentiality and privilege protections for program records and communications, with limited in-camera review to determine disclosure.
• Termination of participation for rule violations, with notice and potential prosecution of the underlying offense; forfeiture of certain fees if terminated by the prosecutor.
• Funding and potential external grants for program maintenance and expansion, plus authority to use revenues for related crime prevention and enforcement purposes.
• Broad discretionary authority for the prosecutor and court to design individualized terms and conditions within the program to fit each offender’s circumstances.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Escambia County