SB417 Alabama 2013 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: J.T. WaggonerSenator
Republican
Session: Regular Session 2013
Title: Hoover, pretrial diversion program, city authorized to establish, basic operating standards provided
Summary: The bill lets the City of Hoover create a discretionary pretrial diversion program for defendants in Hoover's municipal court, with standards and fees.
What This Bill Does
It authorizes Hoover to establish and operate a pretrial diversion program under city supervision and to contract services as needed. It defines key terms (like application fee, supervision fee, and offender) and sets basic rules for how the program works. Admission to the program is discretionary, requiring approval by the city prosecutor and the municipal judge, with certain offenses and CDL holders potentially ineligible. If admitted, offenders sign a written agreement and may have charges reduced, dismissed, or deferred upon successful completion, while remaining liable for court costs and restitution.

Who It Affects
Offenders charged in the Hoover Municipal Court who may apply to join the program and could have charges reduced, dismissed, or deferred if they complete the program successfully (subject to eligibility rules and fees).
City of Hoover and its officials (city prosecutor, municipal court, law enforcement, and service providers) who gain authority to administer, supervise, and fund the program, including collecting fees and enforcing program conditions.

Key Provisions
Hoover may establish a discretionary pretrial diversion program for defendants in the Hoover Municipal Court and may contract for services and hire staff.
Defines key terms: application fee, supervision fee, offender, pretrial diversion program, and related roles.
Admission to the program is at the sole discretion of the Municipal Court Judge with approval by the city prosecutor; certain offenses (and CDL holders) may render an offender ineligible without victim consent.
The city prosecutor may consider eligibility based on specified factors and may waive standards in special circumstances.
Evaluation process may require the offender to provide information and undergo tests or interviews, with costs paid by the offender.
Before entry, a written agreement must be signed outlining conditions, waivers, restitution terms, and potential sentence guidance tied to successful completion.
Programs may require conditions such as treatment, education, employment, abstaining from drugs/alcohol, restitution payments, and periodic drug testing; additional terms may be added as needed.
Application fees are set at $1,000 for misdemeanors and DUI, $500 for other traffic offenses, and $300 for violations; fees are allocated to specific funds and may be waived or reduced for indigent offenders.
If an offender is accepted, the court retains jurisdiction and may defer punishment until program completion; termination from the program leads to punishment under normal rules.
If the offender completes the program, the court may enter a disposition consistent with the agreement; regardless, the offender remains liable for court costs, restitution, and other assessments.
If a program violation occurs, the city prosecutor may modify, terminate, or require a new agreement, and may waive a violation for good cause.
The city and its agencies are not liable for offender conduct in the program except where negligence or foreseeability applies.
The act is severable, and conflicting laws are repealed; it takes effect immediately after governor approval.

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