HB644 Alabama 2013 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2013

Title

Fultondale, pretrial diversion program, city authorized to establish, basic operating standards provided

Summary

HB644 lets the City of Fultondale create and run a discretionary pretrial diversion program for defendants in its municipal court with basic standards and city supervision.

What This Bill Does

It authorizes the City of Fultondale to establish a pretrial diversion program and to contract for services. It defines key terms and designates the city prosecutor and municipal court judge as the main actors in administering the program. Admittance to the program is at the judge's discretion with prosecutor approval and is limited by certain offenses and a CDL prohibition. If admitted, participants sign a written agreement with conditions, potential restitution, and other requirements, while the court defers punishment and retains jurisdiction until completion; if the program is not completed, normal penalties and costs apply.

Who It Affects

• Offenders charged in the City of Fultondale Municipal Court: may apply for and be admitted to the program if approved, with potential for charges to be reduced or dismissed upon successful completion, subject to eligibility rules.
• City government and court system (city prosecutor, municipal court judge, and enforcing agencies): gain authority to design, supervise, and fund the program, set application and supervision fees, impose program conditions, and manage restitution and related requirements.

Key Provisions

• Authorizes the City of Fultondale to establish a pretrial diversion program for defendants in the municipal court and to contract for services.
• Program is under direct city supervision; the city may employ staff and contract with agencies as needed.
• Defines terms such as application fee, supervision fee, offender, program, and related concepts.
• Admittance is at the sole discretion of the Municipal Court Judge with approval by the city prosecutor; certain offenses and safety concerns, including CDL holders, may exclude eligibility.
• The city prosecutor may consider various factors to admit an offender and may waive standards under just or special circumstances.
• Evaluation may require gathering past history and testing, with costs paid by the offender and consent to access records.
• A written agreement is required before entry, covering waivers of speedy and jury trials, tolling of time limits, restitution, and program conditions.
• Programs may require treatment, education, employment, abstinence from drugs/alcohol, and other conditions; offenders may face a range of court-ordered requirements and fees.
• Application fees are set at $1,000 for misdemeanors and DUI, $500 for traffic offenses, and $300 for violations; these fees fund specified city funds and may be waived or reduced for indigency.
• If accepted, the offender pleads guilty, and the court retains jurisdiction; disposition depends on completion of the program, with punishment deferred until completion.
• If terminated or breached, the court may impose punishment or modify the agreement; violations can lead to continued participation, termination, or a new agreement.
• Providers have no liability for the conduct of offenders unless due to foreseeable events.
• The act is severable; conflicting laws are repealed, and it takes effect immediately.

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