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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for
participation. (a) Any drug offender subject to this chapter who posts bail shall submit to
random observed drug tests as a condition of pretrial release. (b) A drug offender shall be
required to undergo a screening under any of the following conditions: (1) The results of
a drug test are positive. (2) The drug offender requests a screening. (3) The drug offender
admits to substance use or abuse within the year preceding the arrest for the present charge.
(4) The present charge involves a violation of the controlled substances or impaired driving
statutes. (5) The drug offender, within the previous five years, has been convicted in any
state or federal court involving a violation described in subsection (b)(1), (b)(3), or (b)(4).
(6) The drug offender refuses to undergo a drug test as required by this chapter. (c) Notwithstanding
the requirements of subsection (a), the court shall order a drug offender...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have
the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the
following members or their designees: a. The drug court judge, who shall serve as chair. b.
The district attorney. c. The public defender or a member of the criminal defense bar. d.
The drug court coordinator. e. The court clerk. f. A community corrections or court referral
officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance
abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT.
A diagnostic evaluation for placement in a treatment program which shall be performed in accordance
with criteria certified by the Department of Mental Health, Substance Abuse Services Division.
(3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and
coordinated course of substance abuse education and treatment designed to meet...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, there shall be a written agreement between the district attorney and the offender.
The agreement shall include the terms of the pretrial diversion program, the length of the
program, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision
generally. (a) If the juvenile court finds on proof beyond a reasonable doubt, based upon
competent, material, and relevant evidence, that a child committed the acts by reason of which
the child is alleged to be delinquent or in need of supervision, it may proceed immediately
to hear evidence as to whether the child is in need of care or rehabilitation and to file
its findings thereon. In the absence of evidence to the contrary, a finding that the child
has committed an act which constitutes a felony is sufficient to sustain a finding that the
child is in need of care or rehabilitation. If the juvenile court finds that the child is
not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the
child from any detention or other temporary care theretofore ordered. If the juvenile court
finds that the child is in need of care or rehabilitation, it may make any of the...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
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20-2-190.2
Section 20-2-190.2 Electronic drug offender tracking system. (a) For the purposes of
this section, the following words shall have the following meanings: (1) DRUG RELATED
CONVICTION. Any conviction or plea of nolo contendere for the offense of possession, distribution,
trafficking, or any degree of manufacture of controlled substances, or drug paraphernalia.
A drug related conviction shall also include the inchoate crimes of attempt, solicitation,
or conspiracy of any of the drug related crimes. (2) DRUG OFFENDER. Any person who has any
conviction listed in subdivision (1). (b) Effective January 1, 2013, the State Bureau of Investigations
shall implement a real-time electronic drug offender tracking system to catalogue all criminal
convictions in this state of persons convicted of felonies or misdemeanors involving the possession,
distribution, manufacture, or trafficking of controlled substances. This catalogue shall include,
but not be limited to, paraphernalia convictions,...
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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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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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