Code of Alabama

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12-23-2
Section 12-23-2 Legislative findings and intent. The Legislature finds that the high incidence
of crimes which directly involve alcohol and drugs in this state is intolerable; that the
problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at
an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as
contributing factors in the commission of many crimes; that a concentrated and coordinated
state and local effort is needed to address the needs of Alabamians regarding such problems;
that a specialized system for screening, evaluating, educating, and rehabilitating defendants
convicted of alcohol and drug related offenses is required to address such problems; and that
adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:
To establish a specialized court referral officer program to promote the evaluation, education
and rehabilitation of persons whose use or dependency on...
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15-16-68
Section 15-16-68 Court-imposed conditions for release. The conditions that the court may impose
upon release, if necessary and appropriate, include, the following: (1) That the defendant
take medication as prescribed by doctors in the department or in a regional or community mental
health facility, or by some other doctor whose care the defendant is in; (2) That the defendant
submit to treatment and accept care from a duly authorized outpatient facility such as a regional
or community mental health facility; (3) That the defendant submit to mental or medical evaluation
or testing as prescribed by the department, by a regional or community mental health facility,
or by other appropriate person or facility; (4) That the defendant submit to periodic or random
drug testing designed to ensure that he is taking any prescribed drugs and avoiding any prescribed
drugs including alcohol; (5) That the defendant avoid specified activities, persons, or places
that may be detrimental to his...
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45-22-81.01
Section 45-22-81.01 D.A.R.E. program. (a) This section shall be operative only in Cullman County.
(b)(l) Notwithstanding any special, local, or general law to the contrary, there is levied
additional court costs and charges as follows: a. All traffic tickets (not involving alcohol
or drugs, or both) ...$5.00 b. All misdemeanor alcohol arrests ...10.00 c. All misdemeanor
drug arrests ...20.00 d. All misdemeanor D.U.I. arrests ...25.00 e. All other misdemeanor
arrests ...5.00 f. All felony alcohol arrests ...50.00 g. All felony drug arrests (excluding
trafficking cases) ...50.00 h. All felony D.U.I. arrests ...50.00 i. All drug trafficking
arrests ......
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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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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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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45-9-82.29
Section 45-9-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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45-17-81.19
Section 45-17-81.19 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-first Judicial
Circuit prior to admission of the offender into the pretrial diversion program. (b) As a condition
of being admitted into the pretrial diversion program, the...
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45-18-81.29
Section 45-18-81.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Thirty-fifth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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45-29-82.69
Section 45-29-82.69 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, 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, and the period of time after which
the district attorney shall dispose of the charges against the offender in a noncriminal manner
or what charges the defendant shall plead guilty to and the sentence the offender shall receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receive a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate circuit or district judge of the Twenty-fourth Judicial
Circuit prior to admission of the offender in the pretrial diversion program. (b) As a condition
of being admitted to the pretrial diversion program, the...
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