Alabama 2023 Regular Session

Alabama House Bill HB446

Introduced
5/9/23  
Refer
5/9/23  
Report Pass
5/11/23  
Report Pass
5/11/23  
Engrossed
5/16/23  
Refer
5/16/23  
Report Pass
5/17/23  
Report Pass
5/18/23  
Enrolled
5/23/23  

Caption

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.

Impact

The passage of HB 446 will specifically affect the financial operations associated with the pretrial diversion program in the designated counties. By permitting such adjustments, the bill empowers the district attorney to determine indigency and adjust fees accordingly, which can lead to increased participation in the program. This, in turn, could reduce the number of low-level offenders entering the traditional court system, easing the burden on local jails and court dockets while facilitating more rehabilitative approaches to minor offenses.

Summary

House Bill 446 aims to amend certain sections of the Code of Alabama 1975 concerning the pretrial diversion program specifically for Coffee and Pike Counties. This amendment adjusts the fee structure associated with participation in the program, which allows certain offenders to avoid conviction by completing specified requirements. The bill articulates a clearer process for assessing fees and allows for waivers in cases where the offender shows financial inability to pay, thereby potentially increasing access to the program for individuals who might otherwise be excluded due to cost barriers.

Sentiment

The reception of HB 446 in legislative discussions appears to be generally positive, with support focused on the potential benefits of reducing recidivism and providing fair opportunities for rehabilitation. The inclusion of safeguards for low-income applicants has also garnered praise, though concerns may arise about the administrative burden on the district attorney's office to determine indigency factors consistently. Overall, supporters see this legislation as a step towards a more equitable criminal justice system.

Contention

Despite the positive sentiment, there could be contention regarding the implementation of these fee structures and the discretion granted to the district attorney. Questions might arise about the consistency and transparency of indigency assessments and whether the fee amounts for felony versus misdemeanor offenses are adequate to support the program without creating a fiscal strain on local resources. Additionally, there may be concerns about the long-term financial sustainability of the local judicial and law enforcement agencies if the fee adjustments do not align with operational costs.

Companion Bills

No companion bills found.

Previously Filed As

AL HB103

State Board of Veterans Affairs, omnibus revisions to update the existing code language to current style and practice.

AL HB408

Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style

AL HB410

Bail Bonds; Bail Reform Act of 1993 and Bail Bond Regulatory Act amended; certain undeposited fees forgiven; penalties for crime of bail jumping increased; to provide further for conditional forfeitures, out-of-state bondsmen and sureties, limitations on property owners as sureties; to provide further for the definition of an employee of a professional bail bond company or professional surety company, for the licensing and duties of apprentices; to increase the membership of the Alabama Professional Bail Bonding Board; provide for a late fee for renewals; and to require applicants for licensing to be residents of this state for at least one year

AL HB152

Alabama Gaming Commission, established, duties provided for; casino-style games, sports wagering, and lottery games, regulated; gambling offenses, further provided

AL SB242

Legislature; codification of 2024 Regular Session Acts and Code Commissioner technical revisions into the Code of Alabama 1975

AL HB442

Legislature; codification of 2024 Regular Session Acts and Code Commissioner technical revisions into the Code of Alabama 1975

AL SB137

Alabama Board of Massage Therapy, terminated pursuant to the Sunset law and replaced by the Alabama Massage Therapy Licensing Board

AL SB192

Legislature; codification of certain regular and special session acts and Code Commissioner Technical Revisions into the Code of Alabama 1975

AL HB293

Legislature; codification of certain regular and special session acts and Code Commissioner Technical Revisions into the Code of Alabama 1975

AL HB200

Alabama Business and Nonprofit Entity Code revised; makes technical changes and corrects references, and codifies practices relating to electronic filing and name reservations

Similar Bills

CA AB1474

Misdemeanor offenses: pretrial diversion program.

TX HB5240

Relating to the creation of a pretrial intervention and diversion program for certain nonviolent offenses; authorizing a fee.

CA SB483

Sentencing: resentencing to remove sentencing enhancements.

NV SB235

Revises provisions relating to pretrial release. (BDR 14-310)

OK HB1706

Criminal procedure; creating the Pretrial Procedures Modernization Act of 2025; reducing time limitation for setting preliminary hearings; creating a statewide pretrial services program within each judicial district; codification; effective date.

LA HB845

Provides with respect to pretrial service programs

CA AB208

Deferred entry of judgment: pretrial diversion.

LA HB500

Provides relative to fees for pretrial programs in DeSoto Parish