HB494 Alabama 2013 Session

Under existing law, various counties have implemented pretrial diversion programs through local acts

This bill would allow any district attorney or municipality throughout the state without a local act to establish a discretionary pretrial diversion program and would set basic operating standards for the program. This bill would provide for judicial oversight into the approval of the disposition of the criminal charge. This bill would provide for the voluntary application of an offender, represented by an attorney, into the pretrial diversion program and that any agreement shall be approved by the court. This bill would provide for program fees and their distribution

This bill would make statutory drug courts and specialty courts paramount to pretrial diversion programs established pursuant to this act

This bill would provide that counties or municipalities with existing discretionary pretrial diversion programs established prior to the effective date of this act may adopt this act in its entirety or portions of the act

This bill also would require the Office of Prosecution Services to develop and maintain a pretrial diversion offender database

To provide for the establishment of a pretrial diversion program; to allow any district attorney or municipality throughout the state without a local act to establish a discretionary pretrial diversion program; to set basic operating standards for the program; to provide for program fees and their distribution; to provide that counties or municipalities with existing discretionary pretrial diversion programs established prior to the effective date of this act may adopt the act in its entirety or portions of the act; and to require the Office of Prosecution Services to develop a pretrial diversion offender database.