HB663 Alabama 2011 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Co-Sponsors

Alan HarperJohn MerrillBill Poole

Session

Regular Session 2011

Title

Tuscaloosa Co., pretrial diversion program, district attorney authorized to establish, fees, costs, restitution, Act 2009-735, 2009 Reg. Sess. am'd.

Summary

HB663 lets the District Attorney in the Sixth Judicial Circuit run a discretionary pretrial diversion program in Tuscaloosa County and sets how fees, costs, and restitution are collected and used.

What This Bill Does

The bill authorizes the DA to establish a pretrial diversion program and to set basic operating standards. It defines key terms, who is eligible or ineligible, and the process for applying, including a written agreement and a guilty plea if admitted. It allows the program to impose various conditions (treatment, education, work, restitution, etc.) and defers punishment until completion. It also creates a detailed fee structure and directs how the fees are collected and distributed, with safeguards and potential indigent waivers, and requires all costs to be paid before graduation from the program.

Who It Affects

• Offenders charged in the Sixth Judicial Circuit (including Tuscaloosa County) who may apply to join the pretrial diversion program and could be subject to administrative, supervision, and other costs and to restitution; eligibility can be affected by listed offenses and DA discretion.
• Law enforcement agencies, the Tuscaloosa Forensic Sciences Lab, court clerks, and the District Attorney's Office, which receive, manage, and allocate the new administrative and supervision fees and use them to support supervision, labs, clerks, and program administration.

Key Provisions

• The District Attorney may establish a discretionary pretrial diversion program and set basic operating standards for it.
• Definitions for terms including administrative fee, supervision fee, offender, program, and other key concepts are provided.
• Eligibility and ineligibility rules limit who can enter the program, with specific offenses disqualifying admission and DA discretion for safety concerns.
• Before entering, there must be a written agreement detailing conditions, waivers, tolling of time limits, restitution, and a guilty plea or agreed disposition.
• The DA may impose additional program conditions such as treatment, education, employment, abstaining from drugs or alcohol, and payment of fees and restitution.
• Administrative fees are capped by offense type and distributed among law enforcement, the Forensic lab, court clerks, and the DA's office, with the remainder funding the DA's program and related activities.
• Graduation from the program requires all fees, costs, and restitution to be paid; indigent offenders may have fees waived or reduced at the DA's discretion.
• All fees and costs are collected by the DA's Restitution Recovery Unit, with 50% used for supervision and 50% for the administrative fee until both are paid, then applied to restitution or court costs.
• If the court accepts the agreement and guilty plea, the court retains jurisdiction and sentencing is deferred until the program is completed or terminated; if terminated, standard punishment may be imposed.
• Regardless of completion, the offender remains liable for court costs, fees, and restitution, unless there is a court-approved waiver.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Tuscaloosa County