HB638 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Patricia Todd
Democrat
Co-Sponsor: Dickie Drake
Session: Regular Session 2013
Title: Irondale, pretrial diversion program, city authorized to establish, set basic operating standards
Summary: The bill lets the City of Irondale create a discretionary pretrial diversion program under municipal control, with fees, eligibility rules, and conditions for participants.
What This Bill Does
It authorizes Irondale to establish and operate a pretrial diversion program for defendants in its municipal court, including staffing and contracting authority. It defines key terms, imposes an application process and fees, and sets eligibility rules and ineligible offenses (including certain violent offenses and CDL holders). It allows the city prosecutor and the municipal judge to determine admission, require written agreements with conditions (such as restitution, treatment, and education), and defer punishment until program completion while the court retains jurisdiction.

Who It Affects
Offenders charged in the City of Irondale Municipal Court who may apply for and participate in the program, subject to eligibility rules and conditions; they may have charges reduced or dismissed upon successful completion and must pay fees and meet specified conditions.
City of Irondale (city prosecutor, municipal court judge, and city staff) who administer the program, evaluate applicants, set/browse conditions, collect fees, and maintain court jurisdiction during the program

Key Provisions
Section 1 authorizes Irondale to establish a discretionary pretrial diversion program under city supervision, with power to contract for services and hire staff.
Section 2 defines terms such as application fee, city prosecutor, law enforcement, offender, and pretrial diversion program.
Section 4 sets admission as a sole discretion of the Municipal Court Judge upon approval by the city prosecutor, and lists ineligible offenses (including certain violent offenses and DUI with serious injuries) and a prohibition for holders of a CDL.
Section 5 allows the city prosecutor to consider admission based on several factors and permits waiving standards for justice or special circumstances.
Section 7 requires a written pre-entry agreement detailing trial waivers, tolling of statutes, restitution, and potential plea or dismissal terms, plus possible program-specific conditions.
Section 8 establishes nonrefundable application fees ($1,000 for misdemeanors/DUI, $500 for traffic, $300 for violations), with fee distribution (80% to Correction Fund, 20% to Municipal Court fund) and possible indigent waivers.
Section 10 describes the submission and plea process before entry, and that punishment is deferred until program completion; termination leads to traditional punishment, and successful completion leads to disposition per the agreement.
Section 11 allows the city prosecutor to modify, terminate, or continue the program for a participant upon breach, with possible waivers for good cause.
Section 12 limits liability of the city prosecutor or providers; Sections 13-15 cover severability, repeal of conflicting laws, and immediate effective date.

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