HB446ENROLLED
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BVRF4Q-2
By Representatives Marques, Hammett, Sells, Paramore (N & P)
RFD: Local Legislation
First Read: 09-May-23
2023 Regular Session
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Enrolled, An Act,
Relating to Coffee and Pike Counties and the Twelfth
Judicial Circuit; to amend Section 45-16-82.27, Code of
Alabama 1975, to further provide for fees related to the
pretrial diversion program; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-16-82.27, Code of Alabama 1975,
is amended to read as follow:
"ยง45-16-82.27
(a) An applicant may be assessed a fee when the
applicant is approved for the program. The amount of the
assessment for participation in the program shall be in
addition to any court costs and assessments for victims or
drug, alcohol, or anger management treatment required by law,
the district attorney, or the court, and are in addition to
costs of supervision, treatment, and restitution for which the
pretrial diversion admittee may be responsible. Pretrial
diversion program fees as established by this subpart may be
waived or reduced due to indigency or reduced ability to pay
or for other just cause at the discretion of the district
attorney. The determination of indigency of the offender, for
the purpose of pretrial diversion admission, fee waiver, or
reduction, shall be made by the district attorney. A schedule
of payments for any of these fees may be established by the
district attorney.
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(b) The following fees shall be paid by applicants
accepted into the pretrial diversion program:
(1) Felony offenses: Up to eight hundred fifty two
thousand dollars ($850)($2,000).
(2) Driving Under the Influence offenses: Up to two
thousand one hundred dollars ($2,100).
(2)(3) Misdemeanor offenses, excluding traffic: Up to
five hundred fifty one thousand dollars ($550)($1,000).
(3)(4) Traffic offenses: Up to three four hundred fifty
dollars ($350)($450).
(4)(5) Violations: Up to two hundred three hundred
fifty dollars ($200)($350).
(c) In cases where the applicant is not indigent, as
determined by the district attorney, in felony cases, fifty
dollars ($50) of the fee, and in misdemeanor and violation
cases, twenty-five dollars ($25) of the fee, for each
applicant accepted into the pretrial diversion program, shall
be allocated to the Coffee County Circuit Clerk's Office, for
offenses filed in Coffee County, and to the Pike County
Circuit Clerk's Office, for offenses filed in Pike County.
Money allocated to a circuit clerk pursuant to this subsection
shall be available for use, at the clerk's discretion, to
support the clerk's office operation. These uses may include,
but are not limited to, hiring employees, buying needed
equipment and supplies, or providing training opportunities.
(d) In cases where the applicant is not indigent, as
determined by the district attorney, in felony cases, fifty
dollars ($50) of the fee, and in misdemeanor and violation
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cases, twenty-five dollars ($25) of the fee, for each
applicant accepted into the pretrial diversion program, shall
be allocated to the Coffee County General Fund for offenses
filed in Coffee County or to the Pike County General Fund for
offenses filed in Pike County.
(e) In cases where the applicant is not indigent, as
determined by the district attorney, in felony cases, fifty
dollars ($50) of the fee, and in misdemeanor and violation
cases twenty-five dollars ($25) of the fee, for each applicant
accepted into the pretrial diversion program, shall be
allocated to the arresting or ticketing law enforcement agency
making the case. Those fees may be used at the agency's
discretion to support its operations. These uses may include,
but are not limited to, hiring employees, buying needed
equipment and supplies, providing training opportunities, or
any other lawful purpose.
(f) Except as herein specifically allocated, the
district attorney may use fees collected by the pretrial
diversion program to fund the pretrial diversion program; for
the prosecution of state criminal cases; to help support local
and state law enforcement and coroners; for education programs
which relate to the prosecution of, detection of, or
prevention of crime; or, to benefit any agency or department
of state, city, or county government which assists local law
enforcement. This support shall be provided to help employ
more prosecutors, law enforcement officers, investigators, or
staff, buy needed equipment or supplies, provide training
opportunities, or for any other prosecutorial or law
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enforcement purpose.
(g) Except for court costs , which are payable by the
applicant directly to the clerk of court, fees required by
this subpart shall be collected by the office of the District
Attorney of the Twelfth Judicial Circuit in the county and
division in which the offense was filed. Those fees collected
shall be deposited by the district attorney into the Pretrial
Diversion Fund as described in Section 45-16-82.30. The
district attorney shall timely make disbursement as provided
in this subpart.
(h) The district attorney shall be allowed without
further legislative action to raise fees to meet and equal
those prescribed by the Alabama Legislature in the event a
state pretrial diversion program is enacted after the passage
of this subpart. Any state pretrial diversion program may
supersede this subpart, but may be construed to require
further and additional penalties."
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 16-May-23.
John Treadwell
Clerk
Senate 23-May-23 Passed
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