CULLMAN, Ala. – The Cullman City Council on Monday evening passed an ordinance to establish a pretrial diversion program for Cullman’s municipal court. The ordinance was approved after suspension of rules of procedure to allow a vote on its first reading.
The ordinance states that “the City of Cullman, through its Municipal Court system wishes to establish a pretrial diversion program to prevent future criminal activity among certain offenders by diverting them from traditional processing into community supervision and services, to save prosecutive and judicial resources for concentration on major cases, and to provide, where appropriate, a vehicle for restitution to communities and victims of crime.”
The program will be under the supervision of the presiding Municipal Court Judge, currently Jason Knight. Participants must enter voluntarily and pay a fee to do so. Following successful completion of the program, the charges that brought the defendant to the court will be dismissed. If the defendant does not successfully complete the program, he or she will return to the court with charges reinstated.
Admittance into the program will be at the discretion of the judge after the defendant’s application has been approved by the city prosecutor. According to the ordinance, “An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program.
The following types of offenses will make a defendant ineligible unless his or her victim gives written consent:
- Any offense involving violence or aggression resulting in injury to a law enforcement officer.
- Any offense involving eluding or attempting to elude a law enforcement officer.
- Any offense involving violence where a weapon was used or where children are victims.
- Any driving under the influence charge where serious physical injuries are involved.
- Any driving under the influence charge where the defendant has a prior DUI conviction during his lifetime or the defendant has a criminal history of alcohol–related offenses or refused to test (SFST, PBT, Draeger, Alcohol breath tests. Drug or alcohol blood tests, etc.).
- Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official.
- A person may not be admitted to the program if the person holds a commercial driver license (CDL) issued in any U.S. state, any U.S. possession, any U.S. territory or any U.S. insular area.
The city prosecutor may recommend a defendant for the program based on any of the following circumstances:
- Police officer recommendation.
- Prior record of offenses/driving offenses.
- Assistance provided to law enforcement.
- Submitted to standard field sobriety testing, portable breath testing and AlcolSensor testing (did not refuse).
- Admission of guilt and remorse.
- Current clean drug test.
- Defendant’s attitude from time of arrest and up to consideration of his/her application for the deferred prosecution program.
- There is a probability justice will be served if the offender is placed in the program.
- It is determined the needs of the state, city and of the offender can be met through the program.
- The offender appears to pose no substantial threat to the safety and well-being of the community.
- It appears the offender is not likely to be involved in further criminal activity if the offender complies with all conditions imposed pursuant to the program.
- The offender will likely respond to rehabilitative treatment or counseling.
- The need for restitution for the victim from the offender outweighs the interest of the state and city for incarceration of the offender.
Defendants may be required to furnish information concerning past criminal history, education history, work record, family history, medical or psychiatric treatment or care prescribed or received, psychological tests taken and, “any other information the city prosecutor believes has a bearing on the decision whether or not the offender should be admitted to the program.” The city prosecutor may require the offender to submit to tests or interviews as part of the evaluation process.
Conditions for participation
Before admission to the program, a defendant must agree to:
- A voluntary waiver of the right of the offender to a speedy trial.
- The tolling, while in the program, of periods of limitations established by statutes or rules of court.
- The conditions of the program established by the city prosecutor.
- If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city prosecutor taking into account circumstances of the offender and the victim.
- A waiver in writing of the right of the offender to a jury trial.
- Submission of a written plea of guilty to the offense or offenses charged or agreed upon included offenses, together with an agreement as to whether the case is to be dismissed upon successful completion of the program, and an agreement, if there be any, as to the recommended sentence should a sentence be imposed.
Under certain circumstances, defendants may have to agree:
- To participate in substance abuse treatment.
- To participate in an education setting to include, but not be limited to K—12, college, job training, trade school, GED class or basic education courses.
- If appropriate, to attempt to learn to read and write the English language.
- To financially support his or her children or pay any court–ordered child support.
- To refrain from the use of drugs or alcohol or frequenting places where drugs or alcohol are sold or used.
- To not commit any criminal offense.
- To refrain from contact with certain named persons or premises.
- To maintain or seek employment.
- To not leave the State of Alabama without prior written consent of the city prosecutor or supervising agency or personnel.
- To maintain a residence approved by the city prosecutor or supervising agency or personnel.
- To attend individual, group, financial, chemical addition, family, mental health, sex offender, traffic safety, bad check, substance abuse, truancy, shoplifting, alcohol, financial management, employment or anger management counseling.
- To pay all court costs, fees, fines and worthless checks, and obey any other lawful court order associated with the offence or offenses for which the offender has entered the program, or any other case.
- To refrain from the possession or use of deadly weapons.
- To pay supervision fees and application fees pursuant to this act. Supervision shall be monitored through the municipal court office.
- To observe curfews or home detention or travel constraints as set out in the agreement signed by the offender.
- To have restitution, court costs, fees, child support and any other monies withheld or garnished from the wages or salary of the offender or withheld from any Alabama income tax due the offender, or from any available insurance policy, or forfeited from any real or personal property of the offender and applied to the above.
- To be admitted to a drug or alcohol treatment program on an impatient or outpatient basis or receive other treatment alternatives for substance abuse.
- To submit to periodic or random drug testing as part of the program and other terms and conditions relate to substance abuse as the town prosecutor may direct.
- To waive in writing the right of the offender to a probation hearing in the event of termination or withdrawal from the program.
- To perform community service.
- To any other terms or conditions as the town prosecutor or his or her designee and the offender may agree to in the above-stated agreement, it being the purpose of this act to allow the town prosecutor broad discretion in designing a program specifically for each offender and his or her particular circumstances.
- When applicable, to be required to pay supervision fees to the agency or entity responsible for monitoring and verifying the compliance of the offender with the terms of the program set forth by the town prosecutor. The fees shall be paid by the offender to the supervising entity in a timely manner.
Application fees
Program participants will pay a fee in addition to 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.
- Class A misdemeanor offenses and driving under the influence: $1,000
- Class B and Class C misdemeanors: $500
- Traffic offenses excluding DUI’s and violations: $300
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