SB126 Alabama 2018 Session

Under existing law, the district attorney of any judicial circuit may establish a pretrial diversion program in that judicial circuit or in any county in that judicial circuit. Under existing law, a county pretrial diversion program is under the direct supervision and control of the district attorney, and the district attorney may contract with sanctioned community corrections programs, certified mental health and drug treatment programs, and related programs that provide services related to the pretrial diversion program.

Under existing law, a municipality may also establish a pretrial diversion program for qualified cases in the municipal court.

This bill would authorize the presiding judge of a circuit court in any county that offers a pretrial diversion program to establish a process by which a municipal court in the county could voluntarily transfer jurisdiction over certain cases in the municipal court to the district court in jurisdictions where the municipality has no pretrial diversion program. This bill would specify that any transfer of cases would be subject to the terms, conditions, and procedures deemed advisable by the presiding circuit court judge after consultation with the district attorney. This bill would also provide that the municipality or the defendant could object to the transfer.

To authorize a presiding judge of the circuit court to provide for the voluntary transfer of certain municipal court cases to the jurisdiction of the district court; to provide for the conditions of the transfer; and to provide that the municipality or the defendant could object to the transfer.