HB783 Alabama 2012 Session

Summary

Primary Sponsor

Jeremy OdenAlabama Public Service Commission

Republican

Session

Regular Session 2012

Title

Blount County, Forty-First Judicial Circuit, district attorney authorized to establish pretrial diversion program; procedures, fees

Summary

HB783 would authorize the Blount County District Attorney to create and run a pretrial diversion program for eligible offenders in the Forty-first Judicial Circuit, with specific eligibility rules, conditions, fees, and funding.

What This Bill Does

The District Attorney may establish and supervise a pretrial diversion program and contract with others to run it. Eligible offenders can apply for admission, and if admitted they must follow written terms, possibly pay fees, and may have charges disposed without a criminal conviction after successful completion; the program can require various rehabilitative and supportive conditions. Records and communications related to the diversion are generally confidential, and violations can lead to termination and moving forward with charges or sentencing. Funds collected from fees go into a dedicated Pretrial Diversion Fund to support the program and related law enforcement costs, with some money directed to the Blount County Children's Center; the DA also may seek grants and form an advisory board, though the DA retains final decision power.

Who It Affects

• Offenders charged in the Forty-first Judicial Circuit who meet eligibility criteria (age, offense type, and lack of disqualifying factors) and choose to participate in the diversion program, potentially avoiding traditional prosecution if they complete the program.
• Law enforcement, victims, the district attorney, and the broader community in Blount County, who are affected through program administration, restitution requirements, funding flows (including the Pretrial Diversion Fund and its allocations), and ongoing oversight and potential advisory input.

Key Provisions

• Authorizes the District Attorney to establish and supervise a pretrial diversion program in the Forty-first Judicial Circuit and to contract with agencies or individuals for related services.
• Sets eligibility: program available to offenders 18+ (16+ for traffic) charged with certain offenses (drug possession, property offenses, some non-violent offenses, misdemeanors, and traffic offenses) but excludes Class A felonies and offenses involving serious physical injury, death, or forcible sex offenses; eligibility also depends on safety and rehabilitation considerations.
• Describes admission process, including potential review of criminal history, education, work, and other information, with costs of tests or evaluations paid by the offender.
• Outlines participant obligations, including waivers of speedy trial, tolling of time limits, written agreement terms, possible restitution, and conditions such as education, employment, abstaining from drugs/alcohol, counseling, or community service.
• Establishes a fee structure: a nonrefundable $25 assessment per charge plus other court and program costs; provides for waivers or reductions based on indigency and district attorney discretion; sets maximums (felony $1,000, misdemeanor $500, traffic $300, violations $200).
• Requires a written agreement detailing program terms, length, and proposed post-diversion disposition; in some cases, any guilty plea and sentence must be approved by a judge before admission.
• Allows termination for violation of program conditions, with the option to pursue criminal charges or sentence if terminated; allows waivers for good cause.
• Gives the district attorney broad discretion to design offender-specific programs and may require treatment or testing related to substance abuse, with the offender paying service costs unless otherwise arranged.
• Creates the Pretrial Diversion Fund to hold collected fees (excluding court costs paid to the clerk) and directs how funds are used for program administration and law enforcement, with 90% to law enforcement costs and 10% to the Blount County Children's Center; allows future fee increases to align with state programs.
• Permits the district attorney to apply for grants and form an advisory board to assist in selecting candidates and setting conditions, while preserving the DA’s final decision-making authority.
• Provides confidentiality for diversion records and statements, with limited exceptions for public interest or court discretion.
• Details timelines for application submission and potential waivers of timing by the district attorney, and clarifies severability and immediate effectiveness after signing.

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

Subjects

Blount County