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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12-25-32
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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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution; annual audit. (a) A drug court shall collect and maintain the following information for each drug offender that is considered for admission or admitted into drug court: (1) Prior criminal history. (2) Prior substance abuse treatment history, including information on the success or failure of the drug offender in those programs. (3) Employment, education, and income histories. (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (5)a. Instances of recidivism occurring after successful completion of drug court. Recidivism shall be measured at a period of three years after successful graduation. b. Instances of recidivism occurring after a drug offender's termination in drug court for a period of three years from release into the community. (6) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into...
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34-29-61
Section 34-29-61 Definitions. For the purposes of this article, the following terms shall have the following meanings ascribed by this section: (1) ACCREDITED SCHOOL OF VETERINARY MEDICINE. Any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and is accredited by the American Veterinary Medical Association (AVMA). (2) ANIMAL. Any animal or mammal other than man, including birds, fish, reptiles, wild or domestic, living or dead. (3) APPLICANT. A person who files an application to be licensed to practice veterinary medicine or licensed as a veterinary technician. (4) BOARD. Alabama State Board of Veterinary Medical Examiners. (5) CONSULTING VETERINARIAN. A veterinarian licensed in another state who gives advice or demonstrates techniques to a licensed Alabama veterinarian or group of licensed Alabama veterinarians. A consulting veterinarian shall not utilize this privilege to circumvent the law. (6) DIRECT...
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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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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...
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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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45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of the following: a. A controlled substance, a drug or other substance for which a medical prescription or other legal authorization is required for purchase, or any isomer, salt, optical isomer, or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution, use, or possession is forbidden by law. c. A substance otherwise legal to possess, including, but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful substances which are abused. (4) PARTICIPANT. A person who has been approved for participation in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE. An offense or charge as defined in...
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12-17-226.4
Section 12-17-226.4 Admission into program. (a) Notwithstanding current law, admittance into the pretrial diversion program shall be in the discretion of the district attorney. To assist the district attorney in his or her decision to admit the offender into the pretrial diversion program, the district attorney, prior to the offender being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, may require an offender to furnish to the district attorney information concerning past criminal history, educational history, work history, family history, medical or psychiatric treatment history, psychological tests, or any other information concerning the offender which the district attorney believes is applicable to determine whether the offender should be admitted into the pretrial diversion program. (b) The district attorney may require the offender to submit to any examinations, test, or evaluation process the district attorney deems...
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45-16-82.27
Section 45-16-82.27 Costs and fees. (a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger management treatment required by law, the district attorney, or the court, and are in addition to costs of supervision, treatment, and restitution for which the pretrial diversion admittee may be responsible. Pretrial diversion program fees as established by this subpart may be waived or reduced due to indigency or reduced ability to pay or for other just cause at the discretion of the district attorney. The determination of indigency of the offender, for the purpose of pretrial diversion admission, fee waiver, or reduction shall be made by the district attorney. A schedule of payments for any of these fees may be established by the district attorney. (b) The following fees shall be paid by applicants accepted...
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