SB381 Summary

• Any district attorney in Alabama may establish a discretionary pretrial diversion program without needing a local act, with the program under the district attorney's direct supervision and control.

• Eligible offenses include drug offenses (excluding trafficking and first-degree manufacturing), property offenses, misdemeanors, and traffic/conservation violations, but exclude Class A felonies, capital offenses, crimes involving serious physical injury, sex offenses with force, and offenses against children, law enforcement, and seniors.

• Offenders admitted to the program must waive speedy trial and jury trial rights, provide admission statements, agree to restitution agreements, and comply with district attorney-imposed conditions including supervision fees, community service, and treatment programs.

• Application fees capped at $900 for felonies and $750 for misdemeanors may be waived for indigent applicants; all fees collected go to the District Attorney's Solicitor Fund with $20 per applicant directed to the Office of Prosecution Services for database maintenance.

• The Office of Prosecution Services shall develop and maintain a statewide pretrial diversion offender database with information on all successful program completions for use by district attorneys in future admittance decisions.