HB638 Summary

• City of Irondale is authorized to establish a discretionary pretrial diversion program for defendants in municipal court, which may impose behavioral conditions on offenders in exchange for charge reduction, dismissal, or mitigation.

• Offenders charged with violent crimes, eluding police, weapon-involved violence against children, DUI with serious injuries, or public official corruption crimes are ineligible without victim consent; commercial driver license holders are completely ineligible.

• Admission requires Municipal Court Judge approval following city prosecutor recommendation, and offenders must enter into written agreements including waiver of speedy trial and jury trial rights, guilty plea submission, and compliance with conditions such as substance abuse treatment, education, employment, restitution, and drug testing.

• Application fees of $1,000 for misdemeanors/DUI, $500 for traffic offenses, and $300 for violations are imposed, with 80% directed to the Correction Fund and 20% to the Municipal Court Judicial Administrative Fund; fees may be waived for indigency.

• Offenders who violate program terms may be terminated and sentenced by the judge without limitation, while successful completion results in case dismissal per the prosecutor-offender agreement; city prosecutor and agencies have immunity from liability unless misconduct was foreseeable.