Alabama § 45-59-82.46 - Fees.

(a) An offender may be assessed an application fee when he or she is approved for the pretrial diversion program. The amount of the assessment for participation in the pretrial diversion program shall be in addition to any court costs 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 person may be responsible. A schedule of payments for any of these fees shall be established by the district attorney.

(b) The following fees shall be applied to applicants accepted into the pretrial diversion program:

(1) Felony offenses: Up to one thousand dollars ($1,000).

(2) Misdemeanor offenses: Up to seven hundred fifty dollars ($750).

(3) Traffic offenses: Up to five hundred dollars ($500).

(4) Violations: Up to one hundred dollars ($100).

(c) The following additional fees may be applied to each applicable case in the following amounts:

(1) For the arresting or ticketing agency on all offenses:

a. Felony offenses: Up to one hundred dollars ($100).

b. Misdemeanor or violation offense: Up to fifty dollars ($50).

c. Traffic offenses: Up to twenty-five dollars ($25).

(2) For the Department of Forensic Sciences Jacksonville Lab on drug-related offenses, including unlawful possession of drug paraphernalia:

a. Felony offenses: Up to one hundred dollars ($100).

b. Misdemeanor offenses: Up to fifty dollars ($50).

(3) For the Circuit Clerk of St. Clair County on all offenses: Up to one hundred dollars ($100). Money allocated to the circuit clerk pursuant to this subsection shall be available for use, at the discretion of the clerk, to support the office of the clerk.

(d) The amount of the application fee shall be established by the district attorney. This fee shall be used to help employ more officers or staff, to buy needed equipment or supplies, to provide training opportunities, or for any other lawful purpose deemed necessary by the district attorney including, but not limited to, helping support local and state law enforcement or any agency or department of city or county government which assists local law enforcement.

(e) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay. Pretrial diversion program fees as established by this subpart may be waived or reduced for just cause, including indigency of the applicant, at the discretion of the district attorney. Any determination of the indigency of the offender for the purposes of pretrial diversion program fee mitigation shall be made by the district attorney.