SB583 Alabama 2012 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2012

Title

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

Summary

The bill would let the Blount County district attorney create and run a pretrial diversion program for eligible offenders, with rules, fees, and a dedicated fund to support it.

What This Bill Does

It authorizes the Forty-first Judicial Circuit District Attorney to establish and supervise a pretrial diversion program, possibly contracting with other agencies. It sets eligibility rules (age, offense types, and exclusions), criteria for when diversion is appropriate, and processes for applying and evaluating offenders. It also creates cost and record-keeping rules, requires written program agreements and possible conditions, and establishes a funding mechanism with fees and a dedicated fund.

Who It Affects

• Offenders charged in the Forty-first Judicial Circuit (Blount County) who may apply for and participate in the pretrial diversion program if they meet age and offense requirements.
• The Blount County district attorney, local law enforcement, and the Blount County Children's Center, as the program is administered with fees, a dedicated fund, possible advisory board, and potential grant funding.

Key Provisions

• Authorizes the district attorney to establish and supervise a pretrial diversion program and to contract with agencies or individuals for services.
• Sets eligibility: offenders must be 18+ (16+ for traffic offenses); eligible offenses include drug possession, property offenses, misdemeanors/traffic; excludes Class A felonies and offenses with serious physical injury, death, or forcible sex offenses; no eligibility for safety-threats.
• Outlines application and evaluation criteria, including potential law enforcement input and the district attorney's discretion to waive prohibitions under special circumstances.
• Requires information, tests, and evaluations at the offender's expense; outlines program conditions such as restitution, waivers of speedy trial, tolling of statutes, and admissible statements.
• Provides for confidentiality of most diversion records and privileged communications, with limited exceptions.
• Imposes a $25 nonrefundable assessment per charge; sets maximum fees (felony $1,000, misdemeanor $500, traffic $300, violations $200) and allows reductions or waivers based on indigency or other circumstances.
• Requires a written agreement detailing program terms, duration, and post-diversion disposition; court approval is needed before certain guilty-plea arrangements are accepted.
• Allows a broad set of participant requirements (education, employment, restitution, abstaining from substances, counseling, community service, drug testing, etc.).
• Creates the Pretrial Diversion Fund to receive fees; funds support program administration (90% to law enforcement expenditures, 10% to the Blount County Children's Center); allows grant funding and state adjustments if a statewide program is enacted.
• Allows termination from the program for violations, with due process and potential reactivation of charges; the district attorney may waive violations for good cause.
• Disclaims district attorney liability for participant conduct; allows the district attorney to appoint an advisory board while keeping final decision-making authority.
• The act is severable and becomes effective immediately upon governor 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

Blount County