HB627 Alabama 2012 Session

Summary

Primary Sponsor

Jeremy OdenAlabama Public Service Commission

Republican

Co-Sponsors

Micky HammonTerri CollinsEd Henry

Session

Regular Session 2012

Title

Morgan Co., Eighth Judicial Circuit, pretrial diversion program, district attorney authorized to establish, procedures, fees

Summary

This bill authorizes the District Attorney in Morgan County’s Eighth Judicial Circuit to create a discretionary pretrial diversion program with standards, fees, and supervision to divert certain offenses from traditional prosecution.

What This Bill Does

It lets the Eighth Judicial Circuit DA establish a pretrial diversion program under the DA’s control, define eligible and ineligible offenses, and set operating rules. It requires participants to meet conditions, including waivers and restitution, and allows the DA to terminate participation for violations. It creates fee structures and funding mechanisms to support program administration and may coordinate with existing corrections and drug court programs; it also authorizes a restorative justice initiative and an advisory board to assist in selecting candidates.

Who It Affects

• Offenders charged with eligible offenses in the Eighth Judicial Circuit who may apply for admission to the pretrial diversion program and must meet program requirements.
• Victims, the community, and related agencies that may benefit from restitution, supervision, education/treatment options, and the use of funds to administer the program.

Key Provisions

• Authority for the District Attorney to establish a discretionary pretrial diversion program within the Eighth Judicial Circuit, under direct supervision and control of the DA, with potential staff and contractual arrangements.
• Definition of eligible offenses (drug, property offenses, misdemeanors, certain traffic/conservation offenses) and ineligible offenses (Class A felonies, offenses causing death or serious physical injury, crimes involving a deadly weapon, sex offenses with forcible elements, trafficking, certain DUI-related offenses, etc.).
• Admission and evaluation process including the DA’s discretion, information gathering about the offender, possible tests/evaluations, and cost responsibilities for those tests.
• Program requirements for participants, including waivers of speedy and jury trials, admissions statements, adherence to program conditions, and potential restitution and post-program jurisdiction for enforcement.
• Fee structure for participation, including application fees (up to $900 for felonies/DUI, $750 for misdemeanors, $500 for non-DUI traffic, $100 for violations), plus ongoing supervision and treatment costs; indigency waivers and payment plans may be provided.
• Written agreement between the DA and offender detailing program terms, duration, disposition of charges if successful, and court approval requirements for any guilty pleas or sentences.
• Disbursement of collected funds: 10% to the originating court clerk, 5% to the Morgan County Child Advocacy Center, with the remainder used for program administration and law enforcement purposes; regular audits of the funds.
• Termination procedures for violation of program terms, including written notice and potential good-cause waivers by the DA.
• Use of existing community corrections and drug court programs to supervise participants when appropriate.
• Potential establishment of a Restorative Justice Initiative (RJI) with guidelines, funding rules, and possible fees directed to supporting the initiative.
• Formation of an advisory board (Citizens Advisory Board for Pretrial Diversion) to assist in candidate selection while DA maintains final admission decisions; board expenses may be paid from the DA’s Solicitor Fund.

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

Subjects

Morgan County