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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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45-2-81.46
Section 45-2-81.46 Costs and fees. An applicant for the Pre-Trial Intervention Program on each
charge shall pay a nonrefundable application fee of an amount not exceeding the cost of court
charged offense at the time the offense is charged. The assessment shall be in addition to
any court costs and assessments for victims or drug or alcohol treatment required by law,
and are in addition to costs of supervision, treatment, and restitution for which the person
may be responsible. In addition to the application fee, the offender shall pay an administration
and supervision fee not to exceed twenty-five dollars ($25) per week during the time that
the offender is in the Pre-Trial Intervention Program. Fees may be waived by the district
attorney or a schedule of payments for any of the abovementioned fees may be established by
the district attorney. The fees set out in this section are maximum and may in the discretion
of the district attorney be reduced because of circumstances relating to a...
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45-27A-30.08
Section 45-27A-30.08 Treatment programs; drug testing. (a) The municipal prosecutor and offender
may enter into an agreement as a part of the pretrial diversion program that the offender
be admitted to a drug, alcohol, violence, or other self-improvement or self-help program on
an inpatient or outpatient basis or receive other treatment alternatives deemed by the municipal
prosecutor to be in the best interest of the offender and society. (b) The municipal prosecutor
may require the offender to submit to periodic or random drug or other testing as a part of
the pretrial diversion program of the offender and require other terms and conditions related
to substance abuse, domestic violence, or the offense charged as the municipal prosecutor
may direct. (c) The offender shall pay the costs of all services unless otherwise approved
by the municipal court after considering the offender's ability to pay. (Act 2010-578, p.
1275, ยง9.)...
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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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15-18-180
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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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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45-27A-30.07
Section 45-27A-30.07 Costs and fees. (a) An applicant may be assessed a nonrefundable application
fee of not more than one hundred dollars ($100) when applying for admittance into the program.
The amount of this application fee shall be set from time to time by the municipal court.
The application fee shall be in addition to the program fee, court costs, and other allowable
costs listed in subsection (b). (b) An offender may be assessed a fee when the offender is
approved for admittance into the program. The amount of the assessment for participation in
the program shall be in addition to all of the following: (1) The application fee set forth
herein. (2) Any court costs and assessments for victims or drug, alcohol, or anger management
treatment required by law, the municipal prosecutor, or the municipal court. (3) Any costs
of supervision, treatment, and restitution for which the pretrial diversion admittee may be
responsible. (c) Pretrial diversion program fees as established by this...
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45-29-82.67
Section 45-29-82.67 Costs and fees. (a) An applicant to the pretrial diversion program shall
be assessed a nonrefundable application fee on each charge of not more than five hundred dollars
($500) when the applicant is approved for the program. The amount of the assessment for participation
in the program shall be set from time to time by the district attorney. (b) The assessments
provided for under this section shall be in addition to any court costs and assessments for
victims or drug or alcohol treatment required by law, and are in addition to any other costs
of supervision, treatment, and restitution for which the person may be responsible. Fees may
be waived by the district attorney because of circumstances relating to a specific offender
and the financial status of the offender. The fees set out in this section are maximum and
may in the discretion of the district attorney be reduced because of circumstances relating
to a specific offender and the financial status of the...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority necessary
to implement the purposes of this part, including, but not limited to, the authority necessary
to do all of the following: (1) Create or remove employment positions, set or alter pay scales,
employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity bonds for
the faithful performance of the duties of personnel. Any employment practices shall be in
accordance with applicable state and federal law. (2) Provide support and administrative services
for Lee County court referral officer programs, drug courts, district court probation, and
other alternative sentencing programs. The services may include, but not be limited to, providing
drug and alcohol evaluation, assessments, treatment, case management, personnel, drug and
alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol monitoring,
and supervision of those participating in the program. (3)...
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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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