HB645 Summary

• Authorizes the City of Hoover to establish a discretionary pretrial diversion program for defendants in municipal court, with the program under direct city supervision and control.

• Program participants must meet eligibility criteria including no threat to community safety and cannot be charged with certain offenses (violence against law enforcement, eluding police, weapons offenses, DUI with serious injury, or public official crimes) without victim consent; persons holding commercial driver licenses are ineligible.

• Requires written agreement between city prosecutor and offender including waiver of speedy trial and jury trial rights, guilty plea submission, and compliance with conditions such as substance abuse treatment, education, employment, drug testing, and restitution.

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

• Upon successful completion, charges may be dismissed as agreed; if terminated, offender remains liable for court costs, fees, and restitution; city prosecutor and service providers have immunity from liability unless event was foreseeable.