HB649 Summary

• Authorizes a municipality principally located in St. Clair County, Alabama to establish a discretionary pretrial diversion program for persons charged with criminal offenses, including misdemeanors, violations, and traffic offenses.

• Admission to the program is solely at the prosecutor's discretion and excludes offenders deemed a threat to community safety or charged with violent crimes, eluding law enforcement, weapon-involved offenses, or DUI with serious physical injury.

• Participants must enter a written agreement with the prosecutor that includes waiver of speedy trial rights, jury trial rights, and appeals, along with conditions such as substance abuse treatment, education, employment, drug testing, and restitution payments.

• Application fees range from $100 for violations to $1,000 for misdemeanors and DUI charges, with at least 25 percent allocated to law enforcement technology and training and 25 percent to the Municipal Corrections Fund; fees may be waived for indigent offenders.

• Upon violation of program terms, the prosecutor may continue the agreement with modifications, terminate the offender, or require a new agreement; successful completion results in case dismissal per the agreement, while termination leads to sentencing by the court.