31-03-2025
Alabama bills would rebrand, expand scope of court diversion programs
Program participant Nathan Shack listens to a service provider give a presentation during veterans treatment court in Anniston, Alabama on March 21, 2023. Two bills moving through the Alabama Legislature would rename drug courts "accountability courts" and allow them to enroll veterans and those with mental illnesses. (Ralph Chapoco/Alabama Reflector)
Two bills working their way through the Alabama Legislature would standardize how diversion programs in the state operate.
SB 200, sponsored by Sen. Andrew Jones, R-Centre, and HB 360, sponsored by sponsored by Rep. Chad Robertson, R-Heflin, rebrand 'drug courts' to 'accountability courts' and allows courts to assign veterans; people with a mental illness and those with drug addictions to rehabilitation programs instead of the criminal justice system.
'We need a standardized process for veterans to get help around the state,' Jones said in an interview Wednesday. 'And we need more courts, frankly, around the state, to adopt the diversion court model. We need a standardized process, and we need access.'
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The Alabama Senate approved SB 200 on March 18. The House approved HB 360 on March 19. Both bills have moved to the opposite chambers for consideration. States throughout the country have been increasingly using diversion programs for defendants who committed offenses that stem from an underlying issue, such as drug addiction.
Supporters say diversion programs reduce both court and incarceration expenses, as as expenses connected to treatment programs.
Judges can order people to enter diversion programs in collaboration with prosecutors and treatment providers. Courts are also able to offer accountability to ensure defendants are complying with the conditions of the program and track the progress of defendants. Once defendants complete the rehabilitation program, the record for that offense is expunged and removed from their criminal records.
Pretrial diversion programs are effective. And expensive for participants.
Court proceedings will resume oftentimes if a person is unable to complete the treatment program or adhere to the conditions outlined by the judge. Under the bills, district attorneys may also remove people from diversion programs for a good reason.
'Right now, statutorily wise, the only courts that are set up by state statute are drug courts,' said Casey Bates, chief of staff for Alabama Supreme Court Chief Justice Sarah Stewart who is helping to craft the legislation. 'A number of different counties have set up mental health courts or veterans courts.'
Many times, diversion programs are not available to people unless they reside in an area that offers one they qualify for.
'We wanted to have a framework in place that is going to address any type of court that will be helpful,' Bates said. 'Our goal is to keep people from offending again. We don't want to send them to prison and then have them come back and reoffend. By setting up the accountability court, that is going to be the umbrella for any of the types of courts that are necessary.'
The bills require the Administrative Office of the Courts to establish a process and set policies governing diversion programs.
The bills were amended as they went through the legislative process to allow courts to accept people referred by municipal courts within their jurisdiction and any contractor that is part of the program must be certified by the Alabama Department of Mental Health.
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