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

Description

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.

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Subjects

Pretrial Diversion Programs