Other Issues - Criminal Justice

LWVAL Action Priority Level III - Issues identified by LWVAL Advocacy Committee and/or State Board or Local Leagues.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.

thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on this bill:

thumbs_up_icon.jpgHB423/SB381 - Pretrial Diversion Programs, district attorneys throughout the state without local act authorized to establish discretionary pretrial diversion programs, basic operating standards provided for, fees distrib., database of pretrial diversion offender by Office of Prosecution Services, required

HB423 Sponsor(s): Representative Hill
SB381 Sponsor(s): Senator Holtzclaw, Ward, Whatley, Bedford, Ross, Fielding, Irons, Beasley, Marsh, Waggoner, Taylor, Allen, Sanford, Pittman and Williams

Summary/Synopsis: Under existing law, various counties have implemented pretrial diversion programs through local acts. This bill would allow any district attorney throughout the state without a local act to establish a discretionary pretrial diversion program and would set basic operating standards for the program. It would provide for program fees and their distribution and allows counties with existing discretionary pretrial diversion programs established prior to the effective date of this act to adopt this act in its entirety or portions of the act. This bill also would require the Office of Prosecution Services to develop and maintain a pretrial diversion offender database. It provides for victim restitution, mandatory drug and alcohol abuse counseling, mandatory education requirements, and more.

League Action and Justification: LWVAL supports HB423/SB381.

This legislation is consistent with the spirit and intent of League positions. For example, “In order to deal with the problems of reintegration of offenders into the community and to minimize the use of traditional incarceration, the League of Women Voters supports maximum efforts to expedite trial and to ensure swift and consistent justice. It also supports the concept of rehabilitation as a major goal of the criminal justice system.” League also supports: “Use of counseling programs as alternatives to pretrial detention.”

Bill Progress in Legislature:
HB423: 02/23/2012: First reading and referred to the 4/19/2012: Read for the 2nd time and placed on the calendar with 1 Substitute (141000-2) and 1 Amendment (141310-1); pending 3rd reading and Favorable from Judiciary with 1 Substitute and 1 Amendment.

Note: The basic elements of the bill remain substantially unchanged by the substitute and amendment.

4/26/2012: This date is listed as an action date by Alison, but the actions taken on 4/19/2012 are the last listed in the history review.
5/09/2012: Indefinitely postponed.

SB381: 03/01/2012: First reading and referred to the 03/14/2012: SB381 is on the Judiciary Committee calendar for its meeting at 1 p.m. in Room 325
03/15/2012: Read for the 2nd time and placed on the calendar with 1 Amendment (139104-2); pending 3rd reading and favorable from Judiciary with 1 Amendment;
5/09/2012: Indefinitely postponed.
LWVAL is monitoring these bills.
[none at this time]

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