HB198 Alabama 2012 Session

Summary

Primary Sponsor

Mac McCutcheonMadison County Commissioner

Republican

Co-Sponsors

Micky HammonDan Williams

Session

Regular Session 2012

Title

Limestone County (39th Judicial Circuit), pretrial diversion program, district attorney authorized to establish

Summary

HB198 lets the Limestone County District Attorney create a discretionary pretrial diversion program for the 39th Judicial Circuit, with rules on admission, fees, and how cases are handled.

What This Bill Does

The bill authorizes the DA to establish a pretrial diversion program and contract with local agencies for services. Offenders charged in the 39th Judicial Circuit may apply, but admission is at the DA's discretion and certain offenses make someone ineligible. If admitted, the offender signs a written agreement with conditions (including restitution, treatment, and waivers of certain rights) and the case is paused during the program; if the offender completes the program, the charges can be dismissed; if not, the case proceeds and the offender owes court costs and fees. The program requires a one-time application fee, with funds distributed to local courts, child advocacy centers, family resource centers, and the DA's solicitor fund, and the fee can be waived or reduced for indigent applicants.

Who It Affects

• Offenders charged with crimes in Limestone County/Thirty-ninth Judicial Circuit who may apply for and participate in the pretrial diversion program (subject to eligibility and DA discretion).
• Local government and service entities (the District Attorney's Office, Limestone County Community Corrections Program, Limestone County Drug Court, court clerks, and designated local funds) that administer, supervise, or receive portions of the program’s application fees.

Key Provisions

• The District Attorney may establish a pretrial diversion program in the Thirty-ninth Judicial Circuit and contract with local agencies to provide related services.
• Admission to the program is at the DA's discretion; certain offenses (e.g., Class A felonies, violent offenses, DUI with prior issues, bribery, trafficking, etc.) make an offender ineligible.
• The DA may evaluate applicants using various information and tests, with costs paid by the offender and possible permission to release records for evaluation.
• If admitted, the offender signs a written agreement outlining conditions (including waivers of speedy and jury trials, restitution, education, treatment, curfews, and other terms) and the case is stayed during the program.
• The court defers entry of judgment; upon successful completion, the case may be dismissed; if terminated, the plea may be entered and punishment imposed as if guilty.
• An application fee is charged, with specific allocations to court funds, the Limestone County Children's Advocacy Center, the Limestone County Family Resource Center, and the DA's Solicitor's Fund; indigent offenders may have the fee waived or reduced.
• The DA and participating agencies have limited liability for offender conduct; community corrections and related programs should be used for supervision when practical.
• The act is effective immediately and includes severability and related housekeeping provisions.

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

Subjects

Limestone County