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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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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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12-23A-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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15-18-171
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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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...
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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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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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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider an offender
for the pretrial diversion program based on any of the following circumstances: (1) There
is a probability justice will be served if the offender is placed in the program. (2) It is
determined the needs of the state and of the offender can be met through the program. (3)
The offender appears to pose no substantial threat to the safety and well-being of the community.
(4) It appears the offender is not likely to be involved in further criminal activity. (5)
The offender will likely respond to rehabilitative treatment or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, ยง 5.)...
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45-28-82.23
Section 45-28-82.23 Standards for admission. (a) In determining whether an offender may be
admitted into the pretrial diversion program, it shall be appropriate for the district attorney
to consider any of the following circumstances: (1) The offender is 18 years of age or older
at the time the offense was committed. (2) There is a probability justice will be served if
the offender is placed in the pretrial diversion program. (3) It is determined the needs of
the community and of the offender can be met through the pretrial diversion program. (4) The
offender appears to pose no substantial threat to the safety and well-being of the community
or law enforcement. (5) The offender is not likely to be involved in further criminal activity.
(6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of
the victim not to prosecute. (8) Undue hardship upon the victim. (9) Whether the victim or
the offender has medical, psychiatric, or vocational difficulties that...
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