HB649 Alabama 2013 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Co-Sponsors

Randy WoodMack N. ButlerDickie Drake

Session

Regular Session 2013

Title

St. Clair Co., pretrial diversion program, city located within authorized to establish, basic operating standards provided

Summary

HB649 allows a municipality primarily located in St. Clair County to create a discretionary pretrial diversion program with basic operating standards.

What This Bill Does

It authorizes eligible municipalities to establish and supervise a pretrial diversion program, with the prosecutor having final say on admission. If an offender is admitted, they sign a written agreement agreeing to various conditions, waivers, and possible treatment or educational requirements; successful completion can lead to dismissal or mitigation of charges, while failure can result in standard sentencing. The bill also sets fees, how funds are distributed, and clarifies court involvement and liability during participation.

Who It Affects

• Offenders charged with crimes within the corporate limits or police jurisdiction of a municipality in St. Clair County; they may apply for admission, be deemed eligible or ineligible by the prosecutor, and if admitted, must comply with conditions and may have charges reduced or dismissed upon successful completion.
• Municipalities in St. Clair County, along with their prosecutors, law enforcement, courts, and service providers; they gain authority to establish and operate the program, determine eligibility, require fees, contract for services, and oversee the participant agreements and disposition processes.

Key Provisions

• Authorizes a municipality principally located in St. Clair County to establish a discretionary pretrial diversion program with basic operating standards.
• Prohibits admission of offenders in certain high-risk categories (e.g., violent offenses against officers, eluding, DUI with serious injury, offenses by public officials) and imposes restrictions related to commercial driver licenses.
• Requires a written pretrial diversion agreement before entry, including waivers (speedy trial, jury trial, discovery), restitution, treatment or education requirements, employment and housing conditions, and potential payment of fees and supervision costs.
• Sets application fees (up to $1,000 for misdemeanors and DUI, up to $500 for non-DUI traffic offenses, up to $100 for violations) and designates fund distribution to the municipality, with minimums for law enforcement training and the Municipal Corrections Fund.
• Keeps court jurisdiction and defers sentencing until completion of the program; if completed, the court issues a disposition consistent with the agreement; if terminated, the standard sentencing process applies.
• Provides that neither the municipality nor service providers are liable for offender conduct during participation, and allows severability and immediate effectiveness upon 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

St. Clair County