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15-18-173
Section 15-18-173 Goals. The goals of the community punishment and corrections act are:
(1) To promote accountability of offenders to their local community by requiring direct financial
restitution to be made to victims of crime and that community service be made to local governments
and community agencies representing the community; (2) To provide a safe, cost-efficient,
community punishment and correctional program which provides punishments through the development
of a range of sanctions and community services available for the judge at sentencing; (3)
To reduce the number of offenders committed to correctional institutions and jails by punishing
such offenders in alternative punishment settings; (4) To provide opportunities for offenders
demonstrating special needs to receive services that enhance their abilities to provide for
their families and become contributing members of their community; and (5) To encourage the
involvement of local officials and leading citizens in their...
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15-18-174
Section 15-18-174 Powers, duties, authority of department. In addition to those otherwise
provided by law, the department shall have the following powers, duties, and authority: (1)
Monitor the community punishment and corrections program within the goals and mandates established
herein. (2) Conduct statewide public education programs concerning the purposes and goals
as established herein and make an annual report to the Prison Oversight Committee of the Legislature
and the Alabama Sentencing Commission regarding the effectiveness of diversion of offenders
from state and local correctional institutions. This annual report should also include data
showing the impact of diversion of offenders by race, gender, and location of the offender.
(3) Provide technical assistance to local governments, authorities and other nonprofit entities
and agencies, and local community punishment and corrections advisory boards regarding development
of a community punishment and corrections program. (4)...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one
of the following minimum criteria shall be considered eligible for punishment in the community
under this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior.
In reaching this determination, the court may consider prior convictions and other acts not
resulting in conviction or criminal charges, and the offender's behavior while in state or
county confinement. (c) The eligibility criteria established in this section shall
be interpreted as guidelines for the benefit of the court in making a determination of...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees;
inmate wages. (a) Community punishment and corrections funds may be used to develop or expand
the range of community punishments and services at the local level. Community-based programs
should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment
and supervision of program participants. The supervision and treatment of each program participant
is expected to be based on the participant's anticipated risk of reoffending, as determined
through a validated risk and needs assessment as defined in Section 12-25-32, administered
by the program. Supervision and treatment of program participants should include the following:
(1) Use of a validated risk and needs assessment; (2) Use of assessment results to provide
guidance for determining the appropriate level of supervision responses consistent with the
levels of supervision and evidence-based practices reasonably anticipated...
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12-25-33
Section 12-25-33 Powers and duties of commission. To achieve the goals recognized by
the Legislature in Chapter 25 and Section 12-25-31, the commission shall: (1) Develop,
maintain, and modify as necessary a system of statewide voluntary sentencing standards for
use in felony cases which shall take into account historical sentencing data, concerning time
actually served for various felony offenses, sentences imposed for various felony offenses,
and such other factors as appear historically relevant to determining both the duration and
disposition of sentences in felony cases. The standards shall recognize a continuum of punishments
in recommending the disposition of sentences. (2) Educate judges, prosecutors, defense attorneys,
victim's service officers, community corrections officials, probation officers, and other
personnel, where appropriate, in the use of the voluntary sentencing standards and worksheets.
(3) Develop, distribute, and periodically update sentencing worksheets for...
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12-19-290
Section 12-19-290 Created; purposes; payments. (a) The Advanced Technology and Data
Exchange Fund is created in the State Treasury. (b) The fund shall consist of all monies paid
into the State Treasury to the credit of the fund pursuant to Section 12-19-181 or
by legislative appropriations, grant, gift, or otherwise. (c) Monies contained in the Advanced
Technology and Data Exchange Fund may be expended to provide for any activities involving
the administration of justice including, but not limited to, the following purposes: (1) Expand
methods and means for collection and disbursement of court-ordered monies through the use
of credit cards, electronic fund transfers, or other means and provide for electronic transfer
of records and storage. (2) Enhance coordination and sharing of data with local, state, and
federal agencies, members of the bar, and the public. (3) Provide equipment for electronically
filing cases. (4) Improve accountability for case filings and dispositions. (5) Train...
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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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15-18-182
Section 15-18-182 Eligibility for continued grant funding; additional incentive funding;
noncompliance with plan. (a) In order to remain eligible for continued grant funding, a recipient
must substantially comply with the requirements of this article and the standards and administrative
regulations of the department promulgated pursuant to the Administrative Procedure Act defining
program effectiveness. Each recipient will participate in a substantive evaluation to determine
local and state program effectiveness. The form of this evaluation will be determined in collaboration
with the Office of the Governor. The standards, regulations, and evaluations of the department
are public records and shall be made available for inspection and copying upon request. (b)
Continued grant funding shall be based on demonstrated effectiveness in either reducing the
number of commitments of eligible offenders to state penal institutions or local jails which
would likely have occurred without the...
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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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16-1-41.1
Section 16-1-41.1 School board governance improvement. (a) This section shall
be known and may be cited as the School Board Governance Improvement Act of 2012. (b) The
Legislature finds and declares all of the following: (1) That the purpose of this section
is to enhance the effectiveness of public education governance in Alabama through the establishment
of training requirements, boardsmanship standards, and accountability measures that are designed
to promote informed deliberations and decisions, to revise the qualifications for serving
as a member of a local board of education, to provide for a code of conduct for each member
of a local board of education in order to better ensure that any decision or action of a local
board of education is based on the interests of students or the system, and to foster the
development and implementation of organizational practices that are designed to promote broad
support of the public schools. (2) A local board of education is the legally...
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