reglab/housing_qa huggingface dataset:
AL Code § 12-23-3 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-3 - Definitions.

Section 12-23-3Definitions. 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 disrupted. (4) COURT REFERRAL OFFICER PROGRAM. A program established to evaluate defendants' use of alcohol and/or drugs and to provide assistance to courts in promoting the education and rehabilitation of defendants including juveniles and those granted youthful offender status or convicted of alcohol and/or drug-related offenses. (5) COURT REFERRAL OFFICERS. Those persons within designated court jurisdictions providing assessment or evaluation of defendants for alcohol and/or drug abuse, recommendations and/or referrals for education or treatment and monitoring for court-ordered compliance. (6) DUI. Driving or in actual physical control of a vehicle while under the influence of alcohol or drugs as proscribed by Section 32-5A-191, or any other law. (7) DIVERSIONARY SCREENING. The power of the prosecutor, prior to arraignment, to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken. (8) PROSECUTORIAL DISCRETION. The discretionary power of a prosecutor to suspend, prior to the arraignment, all formal prosecutorial proceedings against one who has become involved in the criminal justice system as a defendant or an accused. (9) ACCUSATORY INSTRUMENT. Any complaint, information, or grand jury indictment. (10) NON-CRIMINAL DISPOSITION. The dismissal of a criminal charge without prejudice to reinstate criminal proceedings on motion of the prosecutor as herein provided. (11) PRE-TRIAL DIVERSION. The imposition of conditions by the prosecutor upon defendants charged with certain criminal offenses for a specified period of time prior to arraignment. (12) DEFERRED PROSECUTION. The suspension of prosecution prior to arraignment for a specified period of time upon the request of the accused with the consent of the prosecutor. (Acts 1990, No. 90-390, p. 537, §3.)
AL Code § 12-23-6 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-6 - Authority of Courts to Refer Defendants to Education And/or Treatment Program.

Section 12-23-6Authority of courts to refer defendants to education and/or treatment program. In order to effect the purposes of this chapter, all courts exercising jurisdiction over alcohol and drug related offenses shall be authorized to refer a defendant to a court referral program for evaluation and referral to an appropriate education and/or treatment program. At a minimum, every defendant who is not referred directly to drug or alcohol treatment shall be required to complete an alcohol and drug education program certified by the Administrative Office of Courts. (Acts 1990, No. 90-390, p. 537, §6.)
AL Code § 12-23-7 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-7 - Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Related Offenses and Placed on Probation or Parole; Treatment for Persons Who Fail Test; Indigents Not Required to Pay.

Section 12-23-7Mandatory drug testing at own expense for person convicted of alcohol or drug-related offenses and placed on probation or parole; treatment for persons who fail test; indigents not required to pay. Any person who is convicted of an alcohol or drug-related offense and who is placed on probation or parole shall be required to participate in an alcohol or drug testing program at his own expense, unless he is determined to be indigent. Any such person who fails the alcohol or drug test shall be required to:  (1) Provide information needed to conduct a treatment assessment; (2) Complete the recommended treatment; and (3) Pay for the assessment, treatment and alcohol or drug testing unless the court finds he is indigent. Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers. (Acts 1990, No. 90-390, p. 537, §7.)
AL Code § 12-23-8 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-8 - Enforcement.

Section 12-23-8Enforcement. Compliance with any order authorized pursuant to this chapter relating to education and/or treatment may be enforced by the court through exercise of its contempt powers; or, where made a condition of probation, by revocation thereof for non-compliance. (Acts 1990, No. 90-390, p. 537, §8.)
AL Code § 12-23-9 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-9 - Department of Mental Health to Develop Policies and Procedures; Certification.

Section 12-23-9Department of Mental Health to develop policies and procedures; certification. The Department of Mental Health shall develop policies and procedures which shall be followed in the treatment of offenders. These programs shall be certified by the Alabama Department of Mental Health or the Joint Commission on Accreditation of Health-care Organizations (JCAHO). (Acts 1990, No. 90-390, p. 537, §9.)
AL Code § 12-23-10 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-10 - Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; Use.

Section 12-23-10Alcohol and Drug Abuse Court Referral Officer Trust Fund - Established; use. The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral officer program. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the court referral officer program by legislative appropriation, grant, gift, or contributions by counties or municipalities, or otherwise. Such moneys shall be used and expended by the Administrative Director of Courts to establish, organize, and administer the alcohol and drug abuse court referral officer program throughout the state. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the alcohol and drug abuse court referral officer program. (Acts 1990, No. 90-390, p. 537, §10.)
AL Code § 12-23-11 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-11 - Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of Expenditures; Effect on Other Appropriations.

Section 12-23-11Alcohol and Drug Abuse Court Referral Officer Trust Fund - Purpose of expenditures; effect on other appropriations. Moneys contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of Courts for purposes set out in Section 12-23-4. Appropriations heretofore or hereafter made to the Unified Judicial System shall not be reduced by the amount of any funds contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, §11.)
AL Code § 12-23-12 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-12 - Court Referral Officer Assessment Fee.

Section 12-23-12Court referral officer assessment fee. In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving under the influence or other alcohol or drug related offenses as defined in this chapter shall be ordered by the court to pay an alcohol and drug abuse court referral officer assessment fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme Court. Such additional assessment fee shall be collected by the court referral officer by the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, §12.)
AL Code § 12-23-13 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-13 - Monitoring Fee.

Section 12-23-13Monitoring fee. Any alcohol or drug-related offender referred for assessment and placed on probation by the judge shall pay a monitoring fee to the court referral officer which shall also be remitted to the State Treasurer by the court referral officer by the tenth day of each month as set out in Section 12-23-10. The assessment fee and monitoring fees shall be established and regulated by the Administrative Office of Courts and can be adjusted to ensure that adequate financial resources are available to support the court referral program and administration of the programs. (Acts 1990, No. 90-390, p. 537, §13.)
AL Code § 12-23-14 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-14 - Eligibility of Court Referral Programs to Receive Payments From Fund.

Section 12-23-14Eligibility of court referral programs to receive payments from fund. The Administrative Office of Courts shall establish criteria to determine eligibility of court referral programs to receive payment from the Court Referral Officer Trust Fund. All Alabama TASC programs which meet the national TASC criteria on August 15, 1990 shall be eligible to receive payments from the Court Referral Officer Trust Fund. All such programs shall be nonprofit agencies. (Acts 1990, No. 90-390, p. 537, §14.)
AL Code § 12-23-15 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-15 - Indigent Offender Alcohol and Drug Treatment Trust Fund - Established Fee; Sanctions for Failure to Remit Fees.

Section 12-23-15Indigent Offender Alcohol and Drug Treatment Trust Fund - Established fee; sanctions for failure to remit fees. The Indigent Offender Alcohol and Drug Treatment Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall provide for payment to eligible alcohol and drug treatment programs for treatment and rehabilitation of indigent offenders. This fund shall consist of all moneys paid into the State Treasury to the credit of such fund pursuant to this chapter and all moneys received for the benefit of the Indigent Offender Alcohol and Drug Treatment Trust Fund by legislative appropriation, grant, or otherwise. A fee recommended by the Administrative Office of Courts and approved by the Supreme Court shall be collected from each offender. The fee shall be collected by the court referral officer by the tenth day of each month. The State Treasurer shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust Fund. Failure of a court referral program or court referral officer to remit all fees collected shall be grounds for termination from the program. Additionally, the prosecutor shall be authorized to determine if criminal charges are warranted. (Acts 1990, No. 90-390, p. 537, §15.)
AL Code § 12-23-16 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-16 - Indigent Offender Alcohol and Drug Treatment Fund - Criteria for Eligibility of Programs to Receive Payment From Fund.

Section 12-23-16Indigent Offender Alcohol and Drug Treatment Fund - Criteria for eligibility of programs to receive payment from fund. The Department of Mental Health and Mental Retardation shall establish criteria to determine which treatment programs shall be eligible to receive payment for treatment services for indigent offenders from this fund, and shall establish rates of reimbursement for treatment of indigent offenders. At a minimum, such programs must be nonprofit and certified by the Alabama Department of Mental Health and Mental Retardation or joint commission on accreditation of health-care organizations. (Acts 1990, No. 90-390, p. 537, §16.)
AL Code § 12-23-17 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-17 - Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of Expenditures.

Section 12-23-17Indigent Offender Alcohol and Drug Treatment Trust Fund - Purpose of expenditures. Moneys contained in the Indigent Offender Trust Fund shall be expended by the Commissioner of Mental Health for purposes set out in Section 12-23-15. Such moneys shall be used and expended by the Commissioner of Mental Health to establish, organize, and administer the indigent offender alcohol and drug treatment program throughout the state, including all functions or projects of the Department of Mental Health directly or indirectly relating thereto. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year except appropriations from other state funds shall remain in the fund to be preserved for the administration of the indigent offender treatment program. (Acts 1990, No. 90-390, p. 537, §17.)
AL Code § 12-23-18 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-18 - Waiver of Payment of Fees for Indigents; Revocation of Waiver; Community Service in Lieu of Payment.

Section 12-23-18Waiver of payment of fees for indigents; revocation of waiver; community service in lieu of payment. Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees. (Acts 1990, No. 90-390, p. 537, §18.)
AL Code § 12-23-19 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program.|Section 12-23-19 - Exemption From Liability.

Section 12-23-19Exemption from liability. The directors, employees of the Administrative Office of Courts, including the Administrative Director of Courts, and the employees of the Department of Mental Health, including the Commissioner of Mental Health, shall be exempt from civil liability for alleged acts of ordinary negligence actions taken in performance of their official duties in carrying out the provisions of this chapter. (Acts 1990, No. 90-390, p. 537, §19.)
AL Code § 12-23A-1 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23A - Alabama Drug Offender Accountability Act.|Section 12-23A-1 - Short Title.

Section 12-23A-1Short title. This chapter shall be known and may be cited as the Alabama Drug Offender Accountability Act. (Act 2010-754, p. 1909, §1.)
AL Code § 12-23A-3 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23A - Alabama Drug Offender Accountability Act.|Section 12-23A-3 - Legislative Intent.

Section 12-23A-3Legislative intent. (a) The Legislature recognizes that a critical need exists in this state for the criminal justice system to more effectively address the number of defendants who are involved with substance abuse or addiction. For the criminal justice system to maintain credibility, court and community alternatives for the substance abuse and addiction involved defendant must be expanded. A growing body of research demonstrates the impact of substance abuse on public safety, personal health, and health care costs, the spread of communicable disease, educational performance and attainment, work force reliability and productivity, family safety, and financial stability. Requiring accountability and effective treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the State Treasury and benefit the common welfare of this state. The goals of this chapter are to do all of the following: (1) Enhance community safety and quality of life for citizens. (2) Reduce recidivism. (3) Reduce substance abuse. (4) Increase the personal, familial, and societal accountability of drug offenders. (5) Restore drug offenders to productive, law-abiding, and taxpaying citizens. (6) Promote effective interaction and use of resources among criminal justice and community agencies. (7) Reduce the costs of incarceration. (8) Improve the efficiency of the criminal justice system by enacting an effective methodology. (b) As a general proposition, all drug offenders should receive timely eligibility screening and, where indicated, assessment and the appropriate level of treatment. The criminal justice system should be used constructively to motivate drug offenders to accept treatment and engage in the treatment process. (Act 2010-754, p. 1909, §3.)
AL Code § 12-23A-6 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23A - Alabama Drug Offender Accountability Act.|Section 12-23A-6 - Assessments and Recommendations; Treatment Services.

Section 12-23A-6Assessments 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 court, when practicable, shall ensure that no agency provide both assessment and treatment services for a drug court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the assessor provides. (d) A drug court making a referral for substance abuse treatment shall refer the drug offender to a program that is certified by the Department of Mental Health, Substance Abuse Services Division. (e) The court shall determine which treatment programs are authorized to provide the recommended treatment to a drug offender. The relationship between the treatment program and the court should be governed by a memorandum of understanding, which should include the timely reporting of the progress or lack thereof of the drug offender to the drug court. (f) Appropriate services for mental health treatment should be made available by the Department of Mental Health, where practicable, recognizing that a drug offender is frequently co-occurring. (g) Recognizing that appropriate levels of substance abuse treatment, including appropriate length of stay, impact success, the drug court team may require assessments that determine the appropriate level of care and refer to programs certified by the Department of Mental Health for the provision of the indicated treatment. (Act 2010-754, p. 1909, §6.)
AL Code § 12-23A-7 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23A - Alabama Drug Offender Accountability Act.|Section 12-23A-7 - Drug Testing Procedures.

Section 12-23A-7Drug testing procedures. (a) The drug court team shall ensure fair, accurate, and reliable drug testing procedures. (b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence. (c) The results of all drug tests shall be provided to the drug court team as soon as practicable, and in the event of a positive drug test, the team shall be notified immediately. (d) Anyone in receipt of drug test results shall maintain the information in compliance with the requirements of federal and state confidentiality laws. (Act 2010-754, p. 1909, §7.)
AL Code § 12-23A-8 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 23A - Alabama Drug Offender Accountability Act.|Section 12-23A-8 - Transfers Between Drug Courts.

Section 12-23A-8Transfers between drug courts. Any drug court in this state may transfer to or accept transfer from any other drug court in this state, as well as any drug court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any drug offender for admission into the respective drug court program based upon the residence of the drug offender. All terms and conditions of the transfer and supervision shall be clearly stated, in writing, and shall not be valid unless agreed to, in writing, by all of the following: (1) The drug offender. (2) The defense attorney. (3) The judge and prosecutor of the transferring drug court. (4) The judge and prosecutor of the receiving drug court. (Act 2010-754, p. 1909, §8.)