SB188 Alabama 2012 Session

Summary

Primary Sponsor

Del Marsh

Republican

Session

Regular Session 2012

Title

St. Clair Co., pretrial diversion program, distrib. of fees further provided for, Act 2009-649, 2009 Reg. Sess. am'd.

Summary

This bill changes how St. Clair County handles fees for the pretrial diversion program, including fee amounts, who collects them, how they’re used, and indigent waivers.

What This Bill Does

It creates an application fee for those approved for pretrial diversion, in addition to other costs. It sets maximum fees by offense: felony up to $1,000; misdemeanor up to $750; traffic up to $500; violations up to $100, plus additional fees to specific entities. The district attorney sets the application fee and how the funds are used, and allows waivers or reductions for indigent defendants; indigency determinations are made by the DA. It becomes effective immediately after the governor signs it.

Who It Affects

• Offenders who participate in the St. Clair County pretrial diversion program would face new or updated fees, with potential waivers for those who cannot pay.
• Local government and enforcement entities (the District Attorney's office, arresting or ticketing agencies, the Department of Forensic Sciences Jacksonville Lab Forensics Fund, and the Circuit Clerk) would collect and allocate these fees to support operations, equipment, training, and discretionary uses.

Key Provisions

• Section 7(a): Establishes an application fee for pretrial diversion, payable in addition to other costs, with a payment schedule set by the DA.
• Section 7(b): Sets fee caps: felony up to $1,000; misdemeanor up to $750; traffic up to $500; violations up to $100.
• Section 7(c): Adds fees to be charged to each applicable case: arresting/ticketing agency—up to $100 (felony), $50 (misdemeanor/violation), or $25 (traffic); Forensic Sciences Fund—up to $100 (felony) or $50 (misdemeanor) for drug offenses; Circuit Clerk—up to $100 with discretionary use by the clerk.
• Section 7(d): The DA determines the application fee amount and can use the funds for staffing, equipment, training, or other lawful law enforcement needs.
• Section 7(e): Unable to pay cannot block access to pretrial diversion; fees may be waived or reduced for just cause, including indigency, at the DA's discretion.
• Section 2: The act becomes effective immediately after governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

St. Clair County