SB381 Alabama 2012 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

Jerry L. FieldingBryan TaylorPhillip W. WilliamsBill HoltzclawRoger Bedford, Jr.Quinton RossPaul SanfordTrip PittmanDel MarshJ.T. WaggonerGerald H. AllenCam WardWilliam “Bill” M. BeasleyTom Whatley

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

SB381 would let district attorneys statewide create discretionary pretrial diversion programs with standard rules, set fees, and a statewide offender database.

What This Bill Does

It allows any district attorney to establish a pretrial diversion program in their circuit or county, under DA control and with possible contracts for services. It sets basic operating standards, defines which offenses may or may not enter the program, and gives the DA discretion on admission and program conditions, including restitution and waivers. It requires a pretrial diversion offender database and establishes fees (with indigent waivers) that fund the program and related efforts, and it authorizes restorative justice options; it also lets counties with existing programs adopt the act in whole or in part and may allow pre-arrest diversion in certain cases.

Who It Affects

• Offenders/defendants charged with eligible offenses, who may be admitted to a diversion program, face written agreements, restitution requirements, fees, and various conditions, and may have certain rights and trials affected (e.g., waivers of speedy or jury trial).
• District Attorneys and law enforcement agencies, which would establish and supervise the programs, collect and manage fees, maintain records and the new offender database, and potentially contract with other agencies or organizations.

Key Provisions

• Section authorizes any district attorney to establish a discretionary pretrial diversion program within their circuit or county, under DA supervision and control, with potential contracts for services.
• Eligibility rules specify which offenses may apply (e.g., certain drug, property, misdemeanor, and some traffic offenses) and establish ineligible offenses (e.g., certain felonies, offenses with serious injury or death, or involving certain protected victims).
• DA may determine admission based on factors like justice and community safety, whether needs can be met, and lack of substantial risk to the community; DA may waive standards in special circumstances.
• Participants must sign detailed written agreements including waivers (speedy trial, jury trial), admissions, restitution plans, and other program conditions; the DA may require various supportive actions (education, employment, counseling, etc.).
• Program fees are capped (felonies up to $900, misdemeanors up to $750) and collected by the DA, with funds deposited into the District Attorney's Solicitor Fund; a $20 per applicant fee supports the offender database maintained by the Office of Prosecution Services.
• Indigency can lead to waivers or payment plans for fees and restitution; costs may be covered by plans or special arrangements.
• A Restorative Justice Initiative may be established and funded within the program, with guidelines set by OPS and possible fees shared with service providers.
• Pre-arrest diversion is possible in some cases if agreed by the district attorney, the investigation entity, and the victim, with participation subject to program rules.
• Records related to admission are generally confidential, with exceptions for the applicant’s admission statements and for court-ordered disclosures in certain circumstances.
• Advisory boards (Citizens Justice Advisory Board) may assist the DA in selecting candidates and resources, while DA retains final decision-making authority.
• The Office of Prosecution Services must develop and maintain a pretrial diversion offender database, accessible for admission decisions and cross-jurisdiction determinations, with data sharing allowed to inform youth/first-offender determinations.
• The act allows use of existing community corrections or drug court programs to supervise participants and permits opt-in by DAs with existing local programs.
• The act would take effect immediately upon passage and approval, and its provisions are severable if any part is invalid.

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

Subjects

Pretrial Diversion Programs