HB494 - Pretrial Diversion Program Summary

• Authorizes any district attorney in Alabama to establish a discretionary pretrial diversion program within their judicial circuit or county without requiring a local act.

• Establishes eligibility criteria for participation including drug offenses, property offenses, misdemeanors, and traffic violations, while excluding Class A felonies, crimes involving serious physical injury, death, child victims under 14, and sex offenses involving force.

• Sets forth program requirements including written agreements, conditions such as restitution, community service, counseling, and education participation, with administration fees capped at amounts assessed for first offenses.

• Allocates collected fees with $25 per case to court clerks for restitution recovery, $5 per case to Victims of Crime and Leniency (VOCAL) program, and remaining fees to district attorney's Solicitor Fund for program administration.

• Requires the Office of Prosecution Services to develop and maintain a statewide pretrial diversion offender database containing participant information and program dispositions, with participants charged $7 per applicant to support database maintenance.