SB136 Alabama 2020 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2020

Title

Municipal courts, pretrial diversion program, voluntary transfer authorized

Summary

Allows voluntary transfer of a municipal court case to county district or circuit court if the defendant qualifies for a county-offered program not offered by the municipal court.

What This Bill Does

The circuit presiding judge, with input from the district attorney, may transfer a case from municipal court to county court if the defendant qualifies for a program (such as pretrial diversion, mental health court, drug court, or veterans' court) that is offered by the county but not by the municipal court. If transferred, the case becomes the exclusive jurisdiction of the district and circuit courts and is prosecuted under the state law as charged by the municipality. Both the defendant and the municipal court retain the right to object to the transfer, and the transfer cannot occur if either objects.

Who It Affects

• Defendants in municipal court who qualify for a county-offered program that is not available in the municipal court and who would be transferred to county court.
• Municipal courts and county district or circuit courts, since the transfer changes where the case is handled and who prosecutes it, and the process involves objections from both sides.

Key Provisions

• Section 1(a): The circuit presiding judge, after consulting with the district attorney, can transfer a case from municipal court to district or circuit court if (1) the defendant qualifies for a program, (2) the county offers the program, and (3) the municipal court does not offer the program.
• Section 1(b): Transferred cases become exclusively under the district and circuit courts and are prosecuted under the state law charged by the municipality.
• Section 1(c): Both the municipal court and the defendant retain the right to object to the transfer; the case cannot be transferred if either objects.
• Section 2: The act becomes effective on the first day of the third month after its passage and approval (or otherwise becoming law).

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pretrial Diversion Programs