SB221 Alabama 2012 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Co-Sponsor

Bill Holtzclaw

Session

Regular Session 2012

Title

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

Summary

This bill would let the Limestone County District Attorney create a discretionary pretrial diversion program for defendants in the Thirty-ninth Judicial Circuit, with rules, fees, and supervision.

What This Bill Does

The District Attorney may establish and supervise a pretrial diversion program, potentially contracting with local agencies for services. Offenders may apply and be admitted at the DA's discretion, with certain serious offenses ineligible. If admitted, the offender signs a written agreement with conditions (including waivers, restitution, and possible pleas) and must comply to have charges reduced or dismissed; completion leads to dismissal, while non-completion could lead to continued or new court action, with costs still owed. Fees are collected to fund the program and related services, with some portions allocated to local centers and the DA's fund, and indigent offenders may have fees waived or reduced.

Who It Affects

• Offenders charged in Limestone County (Thirty-ninth Judicial Circuit) who may apply for admission to the program and, if accepted, must follow its conditions.
• The Limestone County District Attorney and his or her staff, who will have the discretionary authority to design, run, and supervise the program.
• Local agencies and programs (e.g., Limestone County Community Corrections Program and Limestone County Drug Court) that may provide services under contract or agreement with the DA.
• Court clerks and the court system, which administer the program, hold cases in abeyance, and may dismiss charges upon successful completion or proceed with punishment if the program is terminated.
• The Limestone County Children's Advocacy Center and Limestone County Family Resource Center, which receive portions of application fees for law enforcement purposes.
• Law enforcement and related service providers who may benefit from supervision and treatment services funded by the program.

Key Provisions

• The District Attorney may establish a discretionary pretrial diversion program for the Thirty-ninth Judicial Circuit and may contract with local agencies for related services, with DA supervision of the program.
• Admission to the program is at the DA's discretion; certain offenses (e.g., Class A felonies, offenses causing death/serious injury, weapons offenses, certain violent offenses, drug trafficking, and certain DUIs) make an offender ineligible.
• The DA may consider eligibility based on justice, state and offender needs, safety, likelihood of future crime, and potential for rehabilitation, and may waive standards in special circumstances.
• Before admission, the DA may require background information and evaluations; costs for tests or evaluations are paid by the offender, who must provide consent to access records as needed.
• Upon admission, the offender signs a written agreement outlining waivers (speedy and jury trials), tolling of statutes, restitution and other costs, and a broad set of possible conditions (treatment, education, employment, drug testing, etc.).
• An application requires a nonrefundable application fee, with specified allocations to a clerk fund, the Limestone County Children's Advocacy Center, the Limestone County Family Resource Center, and the DA's Solicitor's Fund; indigent offenders may have fees waived or reduced.
• If the offender completes the program, the court may dismiss the case; if terminated, the court may accept a guilty plea and impose punishment; regardless, the offender remains liable for costs, restitution, and other court-ordered amounts.
• The district attorney may modify or terminate the program for violations or good cause; there is no liability for the DA or program providers for offender conduct; the DA should use community corrections services where practicable.
• The act becomes effective immediately upon passage and governor approval, and some provisions are severable if parts are found unconstitutional.

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

Subjects

Limestone County