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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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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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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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15-18-176
Section 15-18-176 Submission and format of plan; application process and procedures;
participation voluntary. (a) A community punishment and corrections plan shall be developed
and submitted to the department which sufficiently documents the local need and support for
the proposed program. The community punishment and corrections plan shall have the approval
of the county commission in the affected counties prior to submission to the department. Any
plan shall specifically state the maximum number of inmates eligible to participate in the
program. (b) The format for any community punishment and corrections plan shall be specified
by the division in its application process and procedures. Funding and grant evaluation criteria
shall be outlined in the application process and procedures to be developed by the division
in order that each applicant may know the basis upon which funds will be granted. The department
shall adopt rules pursuant to the Administrative Procedure Act outlining the...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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15-18-171
Section 15-18-171 Definitions. As used in this article, the following terms shall have
the following meanings, respectively, unless the context otherwise requires: (1) APPLICATION
PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections
for the establishment of community punishment and corrections programs, the granting of funds
for programs authorized herein, and the monitoring, evaluation, and review of programs funded
herein. (2) BOARD. The board of directors of the authority or the board of directors of a
nonprofit entity. (3) COMMISSIONER. The Commissioner of the Department of Corrections. (4)
COMMUNITY. The county or counties comprising one or more judicial circuits. (5) COMMUNITY
PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions
of this article. (6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as
an alternative to incarceration and maintained by a county commission or an...
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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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20-2-301
Section 20-2-301 Medication assisted treatment. (a)(1) For all patients receiving medication
assisted treatment, adequate billing records shall be maintained, in any format, for all patient
visits. Billing records shall be maintained for a period of three years from the date of the
patient's last treatment. Billing records shall be made for all methods of payment. Billing
records shall include, but not be limited to, information detailing all of the following:
a. The amount paid for services. b. Method of payment. c. Date of the delivery of services.
d. Date of payment. e. Description of services. (2) Records of all bank deposits of cash payments
for medication assisted treatment shall be maintained, in any format, for a period of three
years. (b) By January 1, 2020, the Alabama Board of Medical Examiners, in consultation with
the Public Health Officer of the Department of Public Health and the Alabama Department of
Mental Health shall adopt rules under the Alabama Administrative...
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25-5-331
Section 25-5-331 Definitions. As used in this article, the following words and terms
shall have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced. (2) CHAIN OF CUSTODY. The methodology
of tracking specified materials, specimens, or substances for the purpose of maintaining control
and accountability from initial collection to final disposition for all of the materials,
specimens, or substances and providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test results. (3) CONFIRMATION
TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific
drug or metabolite in a specimen. The confirmation test shall be different in scientific principle
from that of the initial test procedure. The confirmation method shall be capable of providing
requisite specificity, sensitivity, and quantitative...
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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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