HB232ENROLLED
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7BDC22-2
By Representative Almond (N & P)
RFD: Tuscaloosa County Legislation
First Read: 04-Apr-23
2023 Regular Session
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Enrolled, An Act,
Relating to the City of Tuscaloosa; to amend Section 8
of Act 2011-660, 2011 Regular Session (Acts 2011, p. 1751) to
further provide that crime prevention programs and the
Behavioral Health Unit of the Tuscaloosa Police Department
shall share in the disbursement of application fees from the
pretrial diversion program.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 8 of Act 2011-660, 2011 Regular
Session (Acts 2011, p. 1751) is amended to read as follows:
"Section 8.(a) An offender may be assessed a
nonrefundable application fee when the offender is approved
for the pretrial diversion program. The amount of the
assessment for participation in the program shall be in
addition to any court costs, fees, and assessments for the
Crime Victim's Compensation Fund, Department of Forensic
Sciences assessments, drug, alcohol, or anger management
treatment required by law, and any costs of supervision,
treatment, and restitution for which the offender may be
responsible. A schedule of payments for any of these fees may
be established by the city attorney.
(b) The following application fees shall be applied to
offenders accepted into the program:
(1) Misdemeanor offenses and Driving Under the
Influence: One thousand dollars ($1,000).
(2) Traffic offenses not including DUI: Five hundred
dollars ($500).
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(3) Violations: One hundred dollars ($100).
(c) The amount of the application fee for each offender
shall be established by the city attorney.
(d) The application fee shall be allocated to the
general fund of the City of Tuscaloosa except that a minimum
of 25 percent shall fund technology and training for law
enforcement and a minimum of 25 percent shall fund crime
prevention programs, the Tuscaloosa Police Department's
Behavioral Health Unit, or the Indigent Treatment Fund as
established by the City of Tuscaloosa.
(e) An applicant offender may not be denied access into
the pretrial diversion program based solely on the inability
of the offender to pay the application fee. Application fees
may be waived or reduced for just cause, including indigency
of the offender, at the discretion of the city. Any
determination of the indigency of the offender for purposes of
program fee mitigation shall be made by the city but such
mitigation shall be done only upon the determination by the
city that there is no reasonable likelihood within the
reasonably foreseeable future that the offender will have the
ability to pay the application fee."
Section 2. This act shall become effective on the
first day of the third month following its passage and
approval by the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 13-Apr-23.
John Treadwell
Clerk
Senate 03-May-23 Passed
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