HB446 Alabama 2023 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Rhett MarquesRepresentative
Republican
Session: Regular Session 2023
Title: Relating to Coffee and Pike Counties and the Twelfth Judicial Circuit; to amend Section 45-16-82.27, Code of Alabama 1975, to further provide for fees related to the pretrial diversion program; and to make nonsubstantive, technical revisions to update the existing code language to current style.
Summary: HB446 updates and tightens the fees for the Coffee and Pike Counties pretrial diversion program, specifies how those fees are collected and used, and allows for fee adjustments over time.
What This Bill Does
It amends Section 45-16-82.27 to establish and adjust participation fees for the Twelfth Judicial Circuit pretrial diversion program in Coffee and Pike Counties, with provisions for waivers or reductions in cases of indigency. It requires the district attorney to determine indigency and set payment schedules, and it directs that collected fees be deposited into the Pretrial Diversion Fund for disbursement under the act. It also lays out how portions of the fees must be allocated to local clerks, county General Funds, and arresting or ticketing agencies, while remaining funds support the program and related prosecutorial or law enforcement needs. It authorizes the district attorney to raise fees to align with any future state pretrial diversion program and notes that such state programs could supersede this subpart.

Who It Affects
Applicants accepted into the pretrial diversion program: they would pay the new or adjusted fees, with possible waivers or reductions if they are indigent or for other just causes, as determined by the district attorney.
Local government offices and agencies in Coffee and Pike Counties: circuit clerks, county general funds, arresting or ticketing law enforcement agencies, and the district attorney's office will collect, receive, and allocate the fees to support operations and the pretrial diversion program.

Key Provisions
Fees for pretrial diversion participation by offense type: Felony up to $850 ($2,000); DUI up to $2,100; Misdemeanor up to $550 ($1,000); Traffic up to $350 ($450); Violations up to $200 ($350).
Non-indigent offenders: a portion of the fee is allocated to Coffee/Pike County Circuit Clerk’s Offices ($50 for felonies; $25 for misdemeanors/violations) to support clerk operations.
Non-indigent offenders: a portion of the fee is allocated to Coffee County or Pike County General Funds ($50 for felonies; $25 for misdemeanors/violations) to support county operations.
Non-indigent offenders: a portion of the fee is allocated to the arresting or ticketing law enforcement agency ($50 for felonies; $25 for misdemeanors/violations) to support agency operations.
Remaining fees are deposited into the Pretrial Diversion Fund and may be used by the district attorney and related agencies for program support, prosecution costs, law enforcement, education, equipment, and training.
The district attorney may raise fees to match any state pretrial diversion program if enacted later; a state program could supersede this subpart.
Effective date: the first day of the third month after the act is passed and approved.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Coffee and Pike Counties, further provided for the pretrial diversion program