HB423 Alabama 2012 Session

Summary

Primary Sponsor

Mike Hill

Republican

Session

Regular Session 2012

Title

Pretrial Diversion Programs, district attorneys throughout the state without local act authorized to establish discretionary pretrial diversion programs, basic operating standards provided for, fees distrib., database of pretrial diversion offender by Office of Prosecution Services, required

Summary

HB423 would let Alabama district attorneys statewide create discretionary pretrial diversion programs with standard rules and a centralized offender database.

What This Bill Does

The bill lets any district attorney establish a pretrial diversion program within their circuit or county and sets basic operating standards. It creates a fee system for participants (up to $900 for felonies and $750 for misdemeanors) and requires these fees to be deposited into the District Attorney's Solicitor Fund, with $20 per applicant going to the Office of Prosecution Services for the offender database. The Office of Prosecution Services is required to develop and maintain a pretrial diversion offender database. Counties with existing discretionary programs may adopt the act in full or parts, and the bill allows for restorative justice initiatives and an advisory board to help run the program.

Who It Affects

• District attorneys and their offices: gain authority to create and operate pretrial diversion programs, set fees, supervise participants, and maintain the new offender database.
• Offenders charged with eligible offenses: may apply to enter a diversion program, face waivers of certain rights and duties, potentially pay restitution and fees, and be subject to program conditions; some offenses are ineligible for diversion.

Key Provisions

• Authorizes any district attorney to establish a discretionary pretrial diversion program statewide and sets basic operating standards.
• Creates a participant fee structure: up to $900 for felonies and up to $750 for misdemeanors, with funds deposited into the District Attorney's Solicitor Fund and $20 per applicant to the Office of Prosecution Services for the offender database.
• Requires the Office of Prosecution Services to develop and maintain a pretrial diversion offender database accessible to district attorneys and for use in decisions about admission and related judicial determinations.
• Allows counties with existing discretionary programs to adopt the act in full or in part and permits creation of Restorative Justice Initiatives and advisory boards to assist in program administration.
• Establishes eligibility and ineligibility rules for diversion, including which offenses qualify and prohibitions on certain serious offenses and offenders deemed a risk to safety.
• Outlines conditions for admission, including required waivers, restitution agreements, and possible additional program terms; permits termination of a participant for violation and allows waivers for good cause.
• Provides that records related to the diversion program (except for admission statements) are not admissible in subsequent proceedings; provides liability protections for district attorneys and staff.

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

Subjects

Pretrial Diversion Programs