HB452 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Mac McCutcheon
Republican
Co-Sponsors: Howard Sanderford Wayne Johnson Laura Hall Mike Ball Jim Patterson
Session: Regular Session 2013
Title: Huntsville, pretrial diversion program, city authorized to establish
Summary: HB452 authorizes the City of Huntsville to create a discretionary pretrial diversion program with rules, fees, and written participation agreements that can lead to reduced or dismissed charges if participants meet the conditions.
What This Bill Does
The city may establish and run a pretrial diversion program, including contracting services and hiring staff. Admission is at the city judge's discretion and certain offenses make a person ineligible. Participants sign a written agreement outlining conditions, waivers, restitution, and possible treatment or education requirements; fees may be charged and funded by specific city funds, with indigency considerations. If admitted, the court defers punishment and retains jurisdiction until the program is completed or terminated; upon successful completion, the case disposition can reflect the agreement, while costs and restitution generally remain due.

Who It Affects
Offenders charged with crimes within Huntsville who may be eligible for the program and must meet eligibility and participation conditions set by the city judge.
City of Huntsville and its related entities (city council, city judge, city attorney, probation department, and any contractors) that would administer, fund, supervise, and oversee the program, including collecting and allocating fees.

Key Provisions
The City of Huntsville may establish a pretrial diversion program and contract for related services; the city may hire staff to administer the program.
Admission to the program is at the sole discretion of the city judge; certain offenses (e.g., violent offenses, eluding, serious DUI with injury, offenses by public officials, CDL-related issues) render an offender ineligible.
Participants must sign a written agreement before entering the program, detailing waivers (speedy and jury trials), tolling of statutes, restitution terms, and potential guilty plea, plus various conditions (treatment, education, employment, abstinence, curfews, etc.).
Fees and costs, including an application fee and supervision-related charges, may be assessed and allocated to specific city funds; indigent applicants may receive waivers or reductions, but entry cannot be denied solely for inability to pay.
If admitted, the court retains jurisdiction and sentencing is deferred until completion; upon successful completion, the court may dispose of the case per the agreement; if terminated, normal punishment and standard costs apply.
Offenders remain liable for court costs, restitution, and other assessments regardless of program outcome; the city judge may modify or terminate the agreement for good cause, and staff have immunity from liability related to program activities.

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