SB285 Alabama 2013 Session

Summary

Primary Sponsor

George M. “Marc” Keahey

Democrat

Co-Sponsor

Cam Ward

Session

Regular Session 2013

Title

Pretrial Diversion Programs, district attorneys and municipalities throughout the state without local act authorized to establish discretionary pretrial diversion programs, basic operating standards provided for, fees distrib., database of pretrial diversion offender by Office of Prosecution Services, required

Summary

SB285 would authorize all district attorneys and municipalities in Alabama to create discretionary pretrial diversion programs, set statewide standards, and establish a statewide offender database.

What This Bill Does

The bill allows any DA or municipality to establish a discretionary pretrial diversion program with basic operating standards and court oversight, and requires that offenders apply voluntarily with attorney representation and have any agreement approved by the court. It creates a statewide pretrial diversion offender database managed by the Office of Prosecution Services and sets up funding through administration fees and potential grants. It also prioritizes existing drug and specialty courts over new diversion programs and allows local programs to adopt the act in full or in part. The act outlines eligible and ineligible offenses, evaluation procedures, costs, and mechanisms for dismissal or continuation of cases upon successful completion.

Who It Affects

• Offenders: adults charged with eligible offenses may apply to a pretrial diversion program, may incur administration fees and other costs, and could have their charges dismissed or mitigated upon successful completion; some indigent applicants may have fees waived or reduced.
• District Attorneys and Municipal Prosecutors: they would establish and oversee programs, determine eligibility and admission, set fees, contract with service providers, maintain records and the offender database, and coordinate with courts and advisory boards.

Key Provisions

• Authorizes any district attorney or municipality to establish a discretionary pretrial diversion program statewide, with basic operating standards and court oversight.
• Requires a pretrial diversion offender database to be developed and maintained by the Office of Prosecution Services, with data submitted by the district attorney or municipal prosecutor.
• Defines eligible and ineligible offenses for participation, including limits on serious offenses and certain violent or high-risk crimes; allows certain misdemeanors and non-serious offenses to qualify.
• Allows admission to be voluntary and require counsel representation; permits waivers of speedy trial and jury trial where applicable, with court approval of the agreement and entry into the program.
• Imposes an administration fee for participation, sets maximum amounts, requires indigency determinations with possible waivers, and distributes portions of fees to clerks, VOCAL, and the District Attorney’s Solicitor Fund; a portion funds the database and program administration.
• Upon successful completion, directs the court to dismiss or otherwise disposition the charges per the agreement; termination from the program can lead to enforcement or alternative supervision, and ongoing obligations for restitution and court costs remain.
• Prioritizes drug courts and specialty courts when an offender qualifies for those programs; authorizes collaboration to harmonize diversion with other specialty courts.
• Allows existing pretrial diversion programs to be adopted by counties or municipalities and requires local election to opt into the act; districts may form advisory boards to assist with program decisions.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pretrial Diversion Programs