Court Diversion Programs

Bessemer Division

Theft Court

Theft Court is a deferred sentencing program for individuals charged with nonviolent property crimes due to conduct caused by drug or alcohol abuse. Defendants with previous felony convictions are ineligible to participate.

Theft Court is administered through the Circuit Court of Jefferson County (Bessemer Division). If the defendant requests Theft Court, an Assistant District Attorney will review the facts of the case; the defendant’s criminal history and determine if the defendant is eligible. If approved, the case will be set for a guilty plea. As part of the plea agreement, the defendant must admit to the conduct charged and agree to payment in full of restitution and court costs. A potential sentence is also agreed upon, but the imposition of the sentence is deferred during participation in Theft Court.

The Theft Court program requires a defendant to consent to random drug and alcohol testing by TASC (Treatment Alternative to Street Crime), referrals for treatment, job training, and community service, in addition to payment of court costs, expenses of the program, and restitution to crime victims.

If the defendant successfully completes all aspects of the Theft Court program, his or her guilty plea is set aside, and the case is dismissed. If the defendant is noncompliant with the program requirements, the judge has the discretion to impose sanctions or to remove the defendant from the program.

Grounds for sanction and/or removal may include failing to appear in court as ordered, committing new criminal offenses, failing or refusing to meet with a caseworker, failing to submit to drug testing as ordered, testing positive for drugs, attempting to alter or falsify drug test results, and failing to make payments as ordered. Sanctions may include temporary incarceration or court-imposed inpatient drug and alcohol rehabilitation. If a defendant is removed from the Theft Court program, the court may impose the agreed-upon sentence.

Veteran’s Court

Veteran’s Court is a deferred sentencing program for honorably discharged veterans charged with nonviolent drug or property crimes due to conduct caused by service-related disorders such as drug or alcohol abuse, depression, and post-traumatic stress disorder. Defendants with previous felony convictions are ineligible to participate.

Veteran’s Court is administered through the Circuit Court of Jefferson County (Bessemer Division). If the defendant requests Veteran’s Court, an Assistant District Attorney will review the case to determine whether the defendant is eligible. The defendant must furnish a copy of his or her DD-256 Certificate of Honorable Discharge in order to be approved for the program.

If the defendant is approved, the case will be set for a guilty plea. Pursuant to a plea agreement, the defendant must admit to the conduct charged and agree to payment of restitution and court costs. A potential sentence is also agreed upon, but imposition of sentence is deferred during participation in Veteran’s Court.

The Veterans’ Court program requires a defendant to consent to random drug and alcohol testing by TASC, referrals for treatment, job training, and community service, in addition to payment of court costs, expenses of the program, and restitution to crime victims.

If the defendant successfully completes all aspects of the Veteran’s Court program, his or her guilty plea is set aside, and the case is dismissed. If the defendant is noncompliant with the program requirements, the judge has discretion to impose sanctions or to remove the defendant from the program.

Grounds for sanction and/or removal may include failing to appear in court as ordered, committing new criminal offenses, failing or refusing to meet with a caseworker, failing to submit to drug testing as ordered, testing positive for drugs, attempting to alter or falsify drug test results, and failing to make payments as ordered. Sanctions may include temporary incarceration or court-imposed inpatient drug and alcohol rehabilitation. If a defendant is removed from the Veteran’s Court program, the court may impose the agreed-upon sentence.

Mental Health Court

Mental Health Court is a deferred sentencing program for individuals charged with nonviolent drug or property crimes due to conduct caused by serious mental health issues. Defendants charged with violent offenses, and defendants with a history of violent offenses, are ineligible to participate. Qualifying mental health conditions typically include schizophrenia, bipolar disorder, and major depressive disorder.

Mental Health Court is administered through the Circuit Court of Jefferson County (Bessemer Division). If the defendant requests Mental Health Court, an Assistant District Attorney will review the facts of the case, defendant’s criminal history and confer with a Mental Health Court case manager to assess the defendant is eligibility. Assessment of a defendant’s mental health eligibility for the program may be based on a review of medical records from previous treatment, or on a referral to a qualified mental health professional for an evaluation.

If the defendant is approved, the case will be set for a guilty plea. Pursuant to a plea agreement, the defendant must admit to the conduct charged and agree to pay restitution and court costs. A potential sentence is also agreed upon, but the imposition of sentence is deferred during participation in Mental Health Court.

The Mental Health Court program requires a defendant to consent to random drug and alcohol testing by TASC (Treatment Alternative to Street Crime), referrals for treatment, job training, and community service, as deemed appropriate by the case manager and the court. In addition, they are required to pay court costs and restitution to crime victims.

If the defendant successfully completes the Mental Health Court program, his or her guilty plea is set aside, and the case is dismissed. If the defendant is noncompliant with the program requirements, the judge has the discretion to impose sanctions or to remove the defendant from the program. Grounds for sanction and/or removal may include failing to appear in court as ordered, committing new criminal offenses, failing or refusing to meet with a caseworker, failing to submit to drug testing as ordered, testing positive for drugs, attempting to alter or falsify drug test results, and failing to make payments as ordered. Sanctions may include temporary incarceration, court-imposed inpatient drug and alcohol treatment, and court-imposed mental health treatment. If a defendant is removed from the Mental Health Court program, the court may impose the agreed-upon sentence.

Drug Court

Drug Court provides a mechanism by which some individuals charged with Unlawful Possession of a Controlled Substance and Unlawful Possession of Marijuana may avoid a conviction and any resulting fines, imprisonment, or probation. The program is not available to drug dealers, manufacturers or traffickers. Defendants with previous convictions for violent crimes, lengthy criminal histories, or who are already on probation at the time of arrest are also ineligible to participate.

Drug Court is administered through the District Court of Jefferson County (Bessemer Division). At his/her initial appearance before the court the accused will have the opportunity to retain a lawyer. If he/she cannot afford a lawyer, the court may appoint one. If the defendant requests drug court an assistant district attorney will review the facts of the case and the defendant’s criminal history and determine whether he/she is eligible. If the defendant is approved the court will ordinarily order an immediate drug test. If the defendant fail the drug test, the court has the discretion to allow him/her to return at a future date and try again. The court also has the discretion to deny entry to defendants who fail to submit a clean urine sample prior to entering the program.

Once the defendant has tested clean the court will schedule the case for a drug court plea. As a condition of entry into drug court the defendant will be required to admit under oath that the criminal allegations against him/her are true. However, the court will not enter a conviction or impose a sentence at that time. Instead, the court will hold that admission of guilt in abeyance and order the defendant to complete the drug court program. The program entails assessment of the defendant by a case worker followed by a regimen of treatment and random testing tailored to that participant’s needs. The duration of the program depends on several factors, including the defendant’s drug(s) of choice, the length of their addiction, and their degree of success in complying with the program requirements.

If the defendant fails to complete the program, the defendant’s admission under oath serves as the basis for a conviction and sentence to be entered. The judge retains discretion to sanction or remove a defendant from drug court throughout the course of the defendant’s participation in the program. Bases for sanctioning and/or removal include but are not limited to the following: failing to appear in court as ordered, committing new criminal offenses, failing or refusing to meet with a case worker or comply with the case worker’s directives, failing to submit to drug testing as ordered, testing positive for drugs, attempting to alter or falsify drug test results, and failing to pay drug court fees. However, if the defendant successfully completes the program, the case is permanently dismissed.

The program provides treatment, accountability, and incentive for drug users to discontinue their self-destructive and illegal behaviors. It is the hope of the District Attorney’s Office that defendants emerge from the program drug-free, conviction-free, and ready to work and make positive contributions to society.

Bessemer DUI Deferred Prosecution Program

What is the DUI Deferred Prosecution Program?

The DUI (Driving Under Influence) Deferred Prosecution program is a program that a defendant, if eligible, may complete in order to have their DUI charge dismissed. The program has certain conditions and requirements that the defendants must comply with in order to successfully complete. If the defendant successfully completes the program, their guilty plea will be set aside, and DUI charge will be dismissed upon payment of court costs.

If the defendant fails to complete, the court will enter a final conjunction of guilty on the defendant’s guilty plea to the charge of DUI, and the defendant will be sentenced accordingly by the court.

Who is eligible?

The defendant must not have been arrested, charged, or convicted of a DUI in the last 5 years.
The defendant must be at least 21 years of age and had no passengers under the age of 14 years in the vehicle at the time of arrest.
Defendant does not have a Commercial Driver’s License.
Defendant must have a valid driver’s license at the time of DUI arrest.
The DUI charge must not be related to any accident involving another vehicle, personal injury, or substantial property damage.
The defendant must not have previous convictions arising from alcohol or drug use within five years of this DUI arrest. This includes charges that may have been disposed of by Deferred Prosecution or by Plea Agreement resulting in a reduction of the charge.
No previous arrests or convictions for any crimes of violence or weapons offenses.
Defendant must not have more than three incidents of moving traffic violations within the twelve months preceding the DUI arrest.
Defendant must not have any other pending criminal charges unrelated to this DUI arrest.

What are the rules?

The defendant must agree to plead guilty to the charge of DUI.
The defendant waives the right to appeal this guilty plea for any reason.
Agrees to enroll and comply with all requirements of the DUI Deferred Prosecution Program with UAB Substance Abuse Programs.
Defendant must remain drug and alcohol free (with the exception of appropriately verified medications).
The defendant must obey all Local, State, and Federal laws.
If not already done, the defendant agrees to obtain valid motor vehicle liability insurance as required by the Alabama Motor Vehicle Safety-Responsibility Act.

What does the program consist of?

The defendant will have a DUI Deferred Prosecution Program administration and supervision fee of $800.00. that fee includes assessment, supervision, and drug testing costs. That fee is nonrefundable and at least $400.00 is due at the time of the defendant’s initial appointment.
At the initial appointment, the defendant meets with a case manager and completes a risk assessment, mental health screener, substance abuse screener, and a drug test is given. From this initial appointment, a case plan is created according to the defendant’s needs.
The most common referral is an Impaired Driver’s Course, which is an evidence-based course to reduce recidivism in DUI offenders. This course is held at UAB Community Justice Programs. However, substance abuse referrals are sometimes made if a defendant qualifies for a substance abuse assessment.
All defendants are required to test randomly on a color system.
All defendants must complete the National Safety Council’s 8-Hour Defensive Driving Course.
The program should last up to six months, but there is a possibility for early completion. The bare minimum a defendant may remain on the program is three months.

FAQs

Can a defendant complete this program outside of Birmingham? Yes, it may require additional fees and planning, but it can be done.

How can I enter my client into the program? The defendant will have to be approved by their Court.

Do I have to be represented by an attorney to be considered for the program? No, you may speak with the Assistant DA present in court and ask for consideration.

Court Diversion Programs

Theft Court

Veteran’s Court

Mental Health Court

Drug Court

Bessemer DUI Deferred Prosecution Program

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