Alabama · Through Act 2026-611

Ala. Code § 45-59-82.77: Fees.

(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 prosecutor.
(b) The following application fees shall be applied to offenders accepted into the program:
(1) Misdemeanor offenses and driving under the influence: No more than one thousand dollars ($1,000).
(2) Traffic offenses not including driving under the influence: No more than five hundred dollars ($500).
(3) Violations: No more than one hundred dollars ($100).
(c) The amount of the application fee shall be for each offense for which an offender is placed into the program at the discretion of the prosecutor.
(d) The application fee shall be allocated to the general fund of the municipality except that a minimum of 25 percent shall fund technology and training for law enforcement and a minimum of 25 percent shall be paid into the Municipal Corrections Fund as established by the municipality.
(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 municipality. Any determination of the indigency of the offender for purposes of program fee mitigation shall be made by the prosecutor but the mitigation shall be done only upon the determination by the prosecutor that there is no reasonable likelihood within the reasonably foreseeable future that the offender will have the ability to pay the application fee.

Where this section sits in the code

Title 45 Local Laws.
Chapter 59 St. Clair County.
Article 8 Courts.
Part 3 District Attorney.
Subpart 4 Municipal Pretrial Diversion Programs.

(b) The following application fees shall be applied to offenders accepted into the program:

(1) Misdemeanor offenses and driving under the influence: No more than one thousand dollars ($1,000).

(2) Traffic offenses not including driving under the influence: No more than five hundred dollars ($500).

(3) Violations: No more than one hundred dollars ($100).

(c) The amount of the application fee shall be for each offense for which an offender is placed into the program at the discretion of the prosecutor.

(d) The application fee shall be allocated to the general fund of the municipality except that a minimum of 25 percent shall fund technology and training for law enforcement and a minimum of 25 percent shall be paid into the Municipal Corrections Fund as established by the municipality.

(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 municipality. Any determination of the indigency of the offender for purposes of program fee mitigation shall be made by the prosecutor but the mitigation shall be done only upon the determination by the prosecutor that there is no reasonable likelihood within the reasonably foreseeable future that the offender will have the ability to pay the application fee.

Collected 2026-09-03T14:01:54Z. Source file · JSON

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