(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 city prosecutor.
(b) The following application fees shall be applied to offenders accepted into the program:
(1) Misdemeanor offenses and driving under the influence: One thousand dollars ($1,000).
(2) Traffic offenses not including driving under the influence: Five hundred dollars ($500).
(3) Violations: Three hundred dollars ($300).
(c) The application fees required by this article shall be collected by the Fultondale Municipal Court Director. The fees shall be disbursed as follows: Eighty percent to the correction fund and 20 percent to the Municipal Court Judicial Administrative Fund as established by the City of Fultondale and used for the purpose of the fund.
(d) 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 city. Any determination of the indigency of the offender for purposes of program fee mitigation shall be made by the city, but shall be granted only upon the determination by the municipal court judge that there is no reasonable likelihood within the reasonably foreseeable future that the offender will have the ability to pay the application fee.
Last modified: May 3, 2021