HB 644 Summary

• Authorizes the City of Fultondale to establish a discretionary pretrial diversion program for defendants in municipal court, with the city retaining all statutory discretionary powers.

• Admission to the program requires sole discretion of the Municipal Court Judge upon application approved by the city prosecutor; excludes offenders deemed threats to community safety and those charged with violence, eluding police, weapon-involved violence with child victims, DUI causing serious injury, or public official corruption (without victim consent).

• Requires written agreement between offender and city prosecutor specifying conditions including waiver of speedy trial and jury trial rights, guilty plea, restitution terms, and behavioral conditions such as substance abuse treatment, employment, education, drug/alcohol abstinence, and travel restrictions.

• Establishes nonrefundable application fees of $1,000 for misdemeanors/DUI, $500 for traffic offenses, and $300 for violations; fees may be waived or reduced for indigency; collected fees disbursed 80% to Correction Fund and 20% to Municipal Court Judicial Administrative Fund.

• Upon successful program completion, charges are dismissed; upon termination or withdrawal, the judge imposes punishment without being bound by the original agreement; offender remains liable for all court costs, restitution, and fees regardless of program outcome.