HB495 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Donnie ChesteenSenator
Republican
Session: Regular Session 2013
Title: Geneva Co., pretrial diversion program, certain municipalities authorized to establish
Summary: HB495 lets certain Geneva County municipalities create discretionary pretrial diversion programs with standard rules and fees.
What This Bill Does
The bill authorizes municipalities in Geneva County that have a municipal court, city attorney, and police department to establish a pretrial diversion program under municipal supervision. Offenders may apply, but admission is at the city attorney’s discretion and certain offenses or characteristics make someone ineligible. If admitted, the offender signs a written agreement outlining conditions (like treatment, education, restitution, employment, and waivers) and the case is put on hold until completion; successful completion can lead to dismissal or reduced charges, while failure can result in typical punishment. Applicants must pay an application fee and possibly supervision and other costs, which may be waived or reduced for indigency; fees go to the municipality’s general fund, and the court retains jurisdiction during the program.

Who It Affects
Offenders charged with crimes within participating Geneva County municipalities; they may apply to enter the program, be subject to conditions, pay fees, and potentially have charges reduced or dismissed upon successful completion.
Municipalities, including the municipal court, city attorney, police department, and supervising agencies; they gain authority to design, administer, and supervise the program, set eligibility and conditions, collect fees, and coordinate with the court.

Key Provisions
Section 3: Eligible municipalities may establish a pretrial diversion program under direct supervision of the municipality; they may contract for services and hire staff as needed.
Section 4-5: Offenders may apply; admission is at the city attorney’s sole discretion; certain offenses (e.g., violence against officers, eluding, weapons with victims, serious DUI injuries, offenses involving public officials, CDL restrictions) render an offender ineligible.
Section 6: City attorney may consider various factors to admit an offender, including likelihood of justice, community safety, potential for rehabilitation, and restitution considerations; the city attorney may waive standards for justice or special circumstances.
Section 7: The city attorney may require evaluation information (criminal history, education, work, mental health, etc.) and may order tests or interviews; costs are paid by the offender unless otherwise agreed.
Section 8: Upon admission, a written agreement is signed outlining conditions, including waivers (speedy trial, jury trial), tolling of time limits, restitution terms, and potential sentencing if not completed; additional conditions may include treatment, education, employment, drug testing, and other terms.
Section 9-10: Application fees are required and vary by offense (DUI $5,000; DV $1,500; other misdemeanors $750; traffic offenses $500; violations $250); fees go to the municipality; indigency can lead to a waiver or reduction at the city’s discretion.
Section 11: The offender, city attorney, and court file an agreement with the case; the court may defer punishment and retain jurisdiction; if the program ends with completion, an order of disposition may be entered; if terminated, punishment is imposed like a normal guilty plea.
Section 12: If program terms are breached, the city attorney can modify, terminate, or require a new agreement; violations can be waived for good cause.
Section 13: The city attorney and providers are not liable for the offender’s conduct within the program.
Section 14: The act becomes effective immediately after approval.

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