HB494 Alabama 2013 Session

Summary

Primary Sponsor

Mike Hill

Republican

Session

Regular Session 2013

Title

Pretrial Diversion Programs, district attorneys authorized to establish discretionary pretrial diversion programs, basic operating standards provided for, fees distrib., formation of Citizens Justice Advisory Board for Pretrial Diversion authorized, database of pretrial diversion offender by Office of Prosecution Services, required

Summary

HB494 would let district attorneys create discretionary pretrial diversion programs statewide, with standards, court oversight, a mandatory offender database, and new funding and administrative rules.

What This Bill Does

The bill authorizes DAs or municipalities to establish pretrial diversion programs, sets basic operating standards, requires court approval of dispositions, and makes drug and specialty courts a priority. It creates a pretrial diversion offender database, imposes administration and supervision fees with specified distributions, and allows advisory and restorative justice efforts to support these programs. It also outlines eligibility, consent, indigency protections, and procedures for admission, termination, and potential dismissal or sentencing after program completion.

Who It Affects

• Offenders charged with eligible offenses who may voluntarily enter a pretrial diversion program and must meet the program’s conditions, possibly leading to reduced or dismissed charges and repayment of restitution or costs.
• District attorneys, circuit and district courts, clerks, supervising agencies, and law enforcement who administer, fund, supervise, and oversee pretrial diversion programs, including maintaining the database, collecting fees, and coordinating with drug/specialty courts.

Key Provisions

• Authorizes any district attorney or municipality to establish a discretionary pretrial diversion program statewide and to contract with various agencies to provide services.
• Sets basic program standards, requires court oversight of dispositions, and makes participation voluntary with counsel unless counsel is waived.
• Drug courts and specialty courts have priority over the new pretrial diversion programs; existing local programs may adopt the act in whole or in part.
• Creates the Office of Prosecution Services pretrial diversion offender database; requires DA/municipal prosecutors to provide offender information for inclusion.
• Imposes an administration fee and other costs, with specified distribution: portions to circuit/district clerks, VOCAL, and the District Attorney's Solicitor Fund; funds used for administration and law enforcement purposes.
• Establishes a Citizens Justice Advisory Board for Pretrial Diversion to advise the DA, with the DA retaining final decision authority.
• Provides indigency protections and court review to determine ability to pay fees; fees may be waived or reduced for just cause.
• Specifies procedures for admission, court approval, termination, and potential dismissal or sentencing, and requires notification to the court upon completion.
• Allows for restorative justice initiatives and cooperation with existing community corrections or drug courts to support participants.

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

Subjects

Pretrial Diversion Programs