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15-18-172
Section 15-18-172 Establishment of program; funding; rules and regulations; participation in
program; alternatives. (a) A county or group of counties may establish a community punishment
and corrections program for state and county inmates or youthful offenders in custody of the
county. The program shall be established by a county by resolution adopted by the county commission
or by community punishment and corrections authorities or other nonprofit entities as provided
herein. The program shall establish the maximum number of offenders who may participate in
the program and participation shall be limited to space availability. No offenders may be
sentenced or assigned to the program in excess of the maximum number established for the program.
No county is obligated to fund any activities of a community corrections program established
under this article without an affirmative vote of the affected county commission. (b) The
department may contract with such counties, authorities, or...
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15-18-176
Section 15-18-176 Submission and format of plan; application process and procedures; participation
voluntary. (a) A community punishment and corrections plan shall be developed and submitted
to the department which sufficiently documents the local need and support for the proposed
program. The community punishment and corrections plan shall have the approval of the county
commission in the affected counties prior to submission to the department. Any plan shall
specifically state the maximum number of inmates eligible to participate in the program. (b)
The format for any community punishment and corrections plan shall be specified by the division
in its application process and procedures. Funding and grant evaluation criteria shall be
outlined in the application process and procedures to be developed by the division in order
that each applicant may know the basis upon which funds will be granted. The department shall
adopt rules pursuant to the Administrative Procedure Act outlining the...
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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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15-18-171
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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15-18-179
Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board
of directors; dissolution; funding; competitive bidding laws not applicable. (a) A public
corporation may be organized as a community punishment and corrections authority pursuant
to this article in any county or group of counties located in one or more judicial circuits.
In order to incorporate the public corporation, any number of natural persons, not less than
three, who are duly qualified electors of a proposed county or counties shall first file a
written application with the county commission or any two or more thereof. The application
shall contain all of the following: (1) The names of each county commission with which the
application is filed. (2) A statement that the applicants propose to incorporate an authority
pursuant to this article. (3) The proposed location of the principal office of the authority.
(4) A statement that each of the applicants is a duly qualified elector 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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15-18-185
Section 15-18-185 Inmate with medical condition in which treatment exceeds $2,000 to be transferred
to department. In the event a state inmate, as defined in this article, participating in a
community punishment and corrections program develops a medical condition which, in the opinion
of a physician licensed to practice medicine in this state, would require treatment, the cost
for which would exceed $2,000.00, such inmate shall be transferred within three days to the
custody of the department and shall receive treatment as other state inmates. (Acts 1991,
No. 91-441, p. 795, ยง16.)...
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15-18-178
Section 15-18-178 Eligibility for contracts or grants; common facilities and cost sharing.
(a) Any county program or authority formed by one or more counties under this article shall
be eligible to apply for direct and continuing financial contracts and grants under the article.
(b) A nonprofit entity other than a community punishment and corrections authority may be
eligible under the provisions of this article to receive grants or contracts to carry out
the provisions and purposes of this article only in a county that has not established a local
community punishment and corrections authority or which does not intend to apply for funding
directly. The county commission may elect to endorse the community punishment and corrections
plan submitted by the nonprofit entity after the commission has received notice that the nonprofit
entity desires to seek a grant to carry out this article and the county does not establish
a community punishment and corrections authority or pass a resolution...
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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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15-18-183
Section 15-18-183 Recovery of damages; exemption from civil liability. The recovery of damages
under any judgment or judgments against an authority established under this section shall
be limited to one hundred thousand dollars ($100,000) for bodily injury or death for one person
in any single occurrence. Recovery of damages under any judgment or judgments against an authority
shall be limited to three hundred thousand dollars ($300,000) in the aggregate where more
than two persons have claims or judgments on account of bodily injury or death arising out
of any single occurrence. Recovery of damages under any judgment or judgments against an authority
shall be limited to one hundred thousand dollars ($100,000) damages or loss of property arising
out of any single occurrence. Counties shall be exempt from civil liability for any injury
or loss to any person resulting from the operation of a community punishment and corrections
program established under this article. This section shall...
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