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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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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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15-18-8
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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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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12-17-226.10
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
15-22-24
Section 15-22-24 Board of Pardons and Paroles - Duties retirement of parole officers;
representation of applicant by state official; supervision and treatment; training requirements.
(a) The Board of Pardons and Paroles, hereinafter referred to as "the board," shall
be charged with the duty of determining, through use of a validated risk and needs assessment
as defined in Section 12-25-32, what prisoners serving sentences in the jails and prisons
of the State of Alabama may be released on parole and when and under what conditions. Such
board shall also be charged with the duty of supervising all prisoners released on parole
from the jails or prisons of the state and of lending its assistance to the courts in the
supervision of all prisoners placed on probation by courts exercising criminal jurisdiction
and making such investigations as may be necessary in connection therewith, of implementing
the use of validated risk and needs assessments as defined in Section 12-25-32 by probation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-24.htm - 8K - Match Info - Similar pages
45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have
the following meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs,
or physical structure which shall provide the programs or custodial care for eligible persons
released from custody prior to the adjudication of their case or sentenced to participate
in programs developed pursuant to this part after having been adjudicated and sentenced. (2)
BALDWIN COUNTY COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised
by either the Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin
County Pretrial Release and Community Corrections Board for the deposit of all funds, from
whatever source, collected for the operation and supervision of the programs developed and
operated pursuant to this part. The agency superintending the Baldwin County Community Corrections
Center shall supervise and manage this account. Funds deposited into this...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages
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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15-18-173
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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