Code of Alabama

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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...

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45-45-82.03
Section 45-45-82.03 Juvenile court Advisory Board and Drug Abuse Prevention Fund. (a)
In all criminal and juvenile delinquency cases in the circuit and district courts of Madison
County wherein the defendant or the juvenile is charged with a violation of the Alabama Uniform
Controlled Substances Act the clerk of the respective court shall charge and collect a fee
of ten dollars ($10) in addition to all other costs and charges now or hereafter provided.
(b) The monies derived from the charges herein prescribed shall be remitted to the Madison
County Commission and be deposited to a fund which shall be designated as the Madison County
Juvenile Court Drug Abuse Prevention Fund. All funds so deposited shall be disbursed for the
following purposes: (1) Conducting drug and alcohol abuse education programs. (2) Conducting
drug and alcohol abuse counseling programs. (3) Reimbursing any nonprofit organization approved
by the juvenile court of the county for services performed for the juvenile...
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12-23-14
Section 12-23-14 Eligibility of court referral programs to receive payments from fund.
The Administrative Office of Courts shall establish criteria to determine eligibility of court
referral programs to receive payment from the Court Referral Officer Trust Fund. All Alabama
TASC programs which meet the national TASC criteria on August 15, 1990 shall be eligible to
receive payments from the Court Referral Officer Trust Fund. All such programs shall be nonprofit
agencies. (Acts 1990, No. 90-390, p. 537, §14.)...
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12-23-17
Section 12-23-17 Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of
expenditures. Moneys contained in the Indigent Offender Trust Fund shall be expended by the
Commissioner of Mental Health for purposes set out in Section 12-23-15. Such moneys
shall be used and expended by the Commissioner of Mental Health to establish, organize, and
administer the indigent offender alcohol and drug treatment program throughout the state,
including all functions or projects of the Department of Mental Health directly or indirectly
relating thereto. Any unexpended or unencumbered sums remaining in the fund at the end of
the fiscal year except appropriations from other state funds shall remain in the fund to be
preserved for the administration of the indigent offender treatment program. (Acts 1990, No.
90-390, p. 537, §17.)...
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12-23-13
Section 12-23-13 Monitoring fee. Any alcohol or drug-related offender referred for assessment
and placed on probation by the judge shall pay a monitoring fee to the court referral officer
which shall also be remitted to the State Treasurer by the court referral officer by the tenth
day of each month as set out in Section 12-23-10. The assessment fee and monitoring
fees shall be established and regulated by the Administrative Office of Courts and can be
adjusted to ensure that adequate financial resources are available to support the court referral
program and administration of the programs. (Acts 1990, No. 90-390, p. 537, §13.)...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall
have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES.
All offenses, including municipal ordinance violations, in which alcohol and drug abuse is
determined from the evidence to have been a factor in the commission of the offense including
juveniles charged with possession of controlled substances and adjudicated delinquent. (2)
ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the
user, or that of others, is substantially impaired or endangered or the social or economic
function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with
abuse or addictive potential to the extent that the user has lost the ability of self control,
or to the extent that the health, safety, or welfare of the user, or that of others, is substantially
impaired or endangered, or the social or economic function of the user is...
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12-23A-6
Section 12-23A-6 Assessments and recommendations; treatment services. (a) As part of
the assessment, each jurisdiction shall establish a system to ensure that drug offenders are
placed into a substance abuse treatment program approved by the Department of Mental Health.
To accomplish this, the entity conducting the assessment should make specific recommendations
to the drug court team regarding the level of treatment program and duration necessary so
that the individualized needs of a drug offender may be addressed. These assessments and resulting
recommendations shall be performed by a certified or licensed alcohol and drug professional
in accordance with the criteria certified by the Department of Mental Health, Substance Abuse
Services Division. Treatment recommendations accepted by the court, pursuant to this chapter,
shall be deemed to be reasonable and necessary. (b) An adequate continuum of care for drug
offenders shall be established in response to this chapter. (c) The drug...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following
meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting
of all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority
necessary to implement the purposes of this part, including, but not limited to, the authority
necessary to do all of the following: (1) Create or remove employment positions, set or alter
pay scales, employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity
bonds for the faithful performance of the duties of personnel. Any employment practices shall
be in accordance with applicable state and federal law. (2) Provide support and administrative
services for Lee County court referral officer programs, drug courts, district court probation,
and other alternative sentencing programs. The services may include, but not be limited to,
providing drug and alcohol evaluation, assessments, treatment, case management, personnel,
drug and alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol
monitoring, and supervision of those participating in the program. (3)...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into the program, there shall be a written agreement between
the municipal prosecutor and the offender. The agreement shall include the terms of the pretrial
diversion program, the length of the program, and the period of time after which the municipal
prosecutor shall proceed to dispose of the charges against the offender or what charges the
offender will plead guilty to and the recommended disposition of the matter. If, as a part
of the pretrial diversion program, the offender agrees to plead guilty to a particular offense
and receive a recommended sentence, this agreement concerning the offense and recommended
sentence shall be submitted to and shall be subject to the approval of the municipal judge
prior to admission of the offender into the pretrial diversion program. (b) As a condition
to being admitted into the pretrial diversion program, the municipal prosecutor...
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