HB 452 Summary

• City of Huntsville may establish a discretionary pretrial diversion program allowing offenders to have charges reduced, dismissed, or mitigated upon successful completion of program conditions.

• City judge has sole discretion to admit offenders; ineligible offenders include those charged with violence against law enforcement, eluding police, violence with weapons or child victims, DUI with serious injury, or public official charges related to their position.

• Participants must enter written agreements waiving speedy trial and jury trial rights, providing truthful statements about involvement, submitting guilty pleas, and agreeing to conditions including substance abuse treatment, education, employment, restitution, and various behavioral restrictions.

• City council may establish nonrefundable application fees for DUI, third-degree theft, and other misdemeanors; fees must be applied to general fund with minimum 25% each directed to Advanced Technical Data Fund and Indigent Treatment Fund; applicants cannot be denied based solely on inability to pay.

• Upon successful program completion, charges are dismissed per agreement; termination results in court imposing punishment without restriction; city judge, attorney, and service providers have immunity for offender conduct while in program.