reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-201 - Annual Appropriation; Approval of Governor for Disbursement.

Section 12-22-201
Annual appropriation; approval of Governor for disbursement.
There is hereby appropriated annually out of the General Fund of the State Treasury the sum of $15,000.00, not to be exceeded in any one fiscal year, to pay said court reporters and clerks and to carry out the provisions of this division. Expenditures from said appropriation are subject, before disbursement, to the approval of the Governor and contingent upon the opinion of the Governor of the condition of the State Treasury.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §13; Acts 1963, No. 525, p. 1129, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 6 - Writs of Error. › Section 12-22-220 - By Whom and When Granted; Duty of Clerk of Court.

Section 12-22-220
By whom and when granted; duty of clerk of court.
(a) A writ of error on any judgment entered in a criminal case may issue on an order to that effect by any one of the judges of the appropriate appellate court in vacation or by the appropriate appellate court in term time, addressed to the clerk of the court in which the judgment was entered, but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered, such clerk must give the party filing it a certificate of the filing thereof, make out a writ of error and a transcript of the record and proceedings had in the cause, attach his certificate and the writ of error to such transcript and deliver the same, on demand, to the party suing out the writ, or to his attorney.
(Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code 1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252, 3253; Code 1940, T. 15, §§383, 384.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 6 - Writs of Error. › Section 12-22-221 - Entry of Order on Court's Minutes; Dismissal if Not Prosecuted to Term Returnable.

Section 12-22-221
Entry of order on court's minutes; dismissal if not prosecuted to term returnable.
When a writ of error is awarded by a judge of an appellate court in vacation, such judge must cause an entry of such order to be made on the minutes of the court at its next term, and if any writ of error is not prosecuted to the term to which it is returnable, it must be dismissed and no writ of error afterwards allowed.
(Code 1876, §4986; Code 1886, §4518; Code 1896, §4329; Code 1907, §6260; Code 1923, §3254; Code 1940, T. 15, §385.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 6 - Writs of Error. › Section 12-22-222 - Stay of Proceedings on Judgment; Admission of Defendant to Bail; Proceedings on Failure to Appear.

Section 12-22-222
Stay of proceedings on judgment; admission of defendant to bail; proceedings on failure to appear.
(a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being served with the clerk's certificate that the order has been filed and with a copy of the order, keep and detain the defendant in his custody, without executing the sentence which may have been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment for a term not exceeding 10 years, the judge or court must also direct the clerk of the court in which conviction was had to admit the defendant to bail in a sum which may be prescribed by the court, with sufficient sureties, conditioned for his appearance at the next session of the court in which the conviction was had and, from session to session thereafter, to abide such judgment as may be entered on the writ of error.
(c) If the defendant fails to appear according to the undertaking, a writ of arrest must be issued and the same proceedings be thereon had as are prescribed by Sections 12-22-244 and 12-22-245, and the same proceedings must be had on the forfeited undertaking as on the forfeiture of other undertakings of bail in said court.
(Code 1876, §§4987-4989; Code 1886, §§4519-4521; Code 1896, §§4330-4332; Code 1907, §§6261-6263; Acts 1909, No. 111, p. 62; Code 1923, §§3255-3257; Code 1940, T. 15, §§386-388.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-240 - Consideration of Cases by Court of Criminal Appeals Generally.

Section 12-22-240
Consideration of cases by Court of Criminal Appeals generally.
In all cases appealable to the Court of Criminal Appeals, the court must consider all questions apparent on the record or reserved in the circuit court and must enter such judgment as the law demands.
(Code 1876, §4990; Code 1886, §4509; Code 1896, §4333; Code 1907, §6264; Code 1923, §3258; Code 1940, T. 15, §389.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-241 - Consideration of Automatic Appeals; Reversal of Judgment and Granting of New Trial.

Section 12-22-241
Consideration of automatic appeals; reversal of judgment and granting of new trial.
In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of the appellant and may reverse thereon, even though no objection was made thereto. The appellate court shall consider all of the testimony; and, if upon such consideration it is of opinion the verdict is so decidedly contrary to the great weight of the evidence as to be wrong and unjust and that upon that ground a new trial should be had, the court shall enter an order of reversal of the judgment and grant a new trial, though no motion to that effect was presented in the court below.
(Acts 1943, No. 249, p. 217, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-242 - Reversal of Judgment.

Section 12-22-242
Reversal of judgment.
If the judgment is reversed, the appellate court may order a new trial or that the defendant be discharged or that he be held in custody until discharged by due course of law or make such other order as the case may require. If the defendant is ordered to be discharged, no forfeiture can be taken on his undertaking of bail.
(Code 1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259; Code 1940, T. 15, §390.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-243 - Affirmation of Judgment in Capital Cases.

Section 12-22-243
Affirmation of judgment in capital cases.
Upon affirmation of a judgment carrying the death penalty, the Court of Criminal Appeals must direct the sentence to be executed and, if the day appointed for the execution of the sentence has passed, must specify a day for the execution of the sentence, and the judgment and sentence must be executed accordingly.
(Code 1876, §4991; Code 1886, §4522; Code 1896, §4334; Code 1907, §6265; Code 1923, §3260; Code 1940, T. 15, §391.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-244 - Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal.

Section 12-22-244
Duty of defendant on bail to surrender upon affirmation of conviction or dismissal of appeal.
When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken.
(Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911, No. 463, p. 626; Code 1923, §3245; Code 1940, T. 15, §376.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-245 - Effect of Undertaking When Conviction Reversed and Case Remanded.

Section 12-22-245
Effect of undertaking when conviction reversed and case remanded.
When the judgment of conviction is reversed and the case remanded, such undertaking binds the defendant to appear from time to time until discharged by law and to answer the charge, as in bail before conviction, but the defendant is not bound to appear before the trial court pending his appeal.
(Code 1896, §4322; Code 1907, §6253; Code 1923, §3246; Code 1940, T. 15, §377.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 7 - Disposition of Appeals. › Section 12-22-246 - Proceedings When Undertaking Forfeited.

Section 12-22-246
Proceedings when undertaking forfeited.
When any undertaking of bail under the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant to surrender himself to the sheriff or to appear and answer the charge, according to the terms and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture of other undertakings of bail in the circuit court.
(Code 1852, §756; Code 1867, §4307; Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247; Code 1940, T. 15, §378.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-2 - Legislative Findings and Intent.

Section 12-23-2
Legislative findings and intent.
The Legislature finds that the high incidence of crimes which directly involve alcohol and drugs in this state is intolerable; that the problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as contributing factors in the commission of many crimes; that a concentrated and coordinated state and local effort is needed to address the needs of Alabamians regarding such problems; that a specialized system for screening, evaluating, educating, and rehabilitating defendants convicted of alcohol and drug related offenses is required to address such problems; and that adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:
To establish a specialized court referral officer program to promote the evaluation, education and rehabilitation of persons whose use or dependency on alcohol or drugs directly or indirectly contributed to the commission of an offense for which they were convicted in state or municipal courts and to establish mandatory alcohol and drug abuse treatment programs to provide treatment and rehabilitation for these identified offenders.
(Acts 1990, No. 90-390, p. 537, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-3 - Definitions.

Section 12-23-3
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 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.)
2023 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 12-23-6
Authority 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.)
2023 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 12-23-7
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.
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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-8 - Enforcement.

Section 12-23-8
Enforcement.
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.)
2023 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 12-23-9
Department 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.)
2023 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 12-23-10
Alcohol 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.)
2023 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 12-23-11
Alcohol 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.)
2023 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 12-23-12
Court 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program. › Section 12-23-13 - Monitoring Fee.

Section 12-23-13
Monitoring 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.)
2023 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 12-23-14
Eligibility 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.)
2023 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 12-23-15
Indigent 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.)
2023 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 12-23-16
Indigent 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.)
2023 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 12-23-17
Indigent 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.)
2023 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 12-23-18
Waiver 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.)
2023 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 12-23-19
Exemption 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-3 - Legislative Intent.

Section 12-23A-3
Legislative 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.)
2023 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-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 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-7 - Drug Testing Procedures.

Section 12-23A-7
Drug 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-8 - Transfers Between Drug Courts.

Section 12-23A-8
Transfers 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-9 - Functions of Administrative Office of Courts.

Section 12-23A-9
Functions of Administrative Office of Courts.
(a) The Administrative Office of Courts, hereinafter AOC, shall assist in the planning, implementation, and development of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and the Chief Justice concerning the legal, policy, and procedural issues confronting the drug courts in the state. Nothing in this section shall impede the constitutional authority of the district attorney.
(b) AOC shall provide state-level coordination and support for drug court judges and their programs and operate as a liaison between drug court judges and other state-level agencies providing services to or benefitting from drug court programs.
(c) The Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama Supreme Court concerning criteria for eligibility, the promulgation of procedural rules, the establishment of guidelines for operation, and adoption of standards and protocols for the various drug courts of this state. All rules, guidelines, standards, and protocols shall periodically be reviewed and revised.
(d) AOC shall identify existing resources for assessment and treatment and make recommendations for the allocation of those resources; explore grants and funds necessary to support drug courts; promote and provide annual training and technical assistance for all drug court judges and criminal justice personnel involved in drug courts, as well as education for the public about the effectiveness of drug court; and establish evaluation criteria and procedures, including tracking the status of drug offenders after concluding drug court. The critical performance measures to be collected shall include those set forth in subsection (a) of Section 12-23A-10.
(e) The local drug court team or advisory committee, or both, shall ensure the provision of a full continuum of care for drug offenders.
(f) The presiding judge of each circuit shall report to AOC by the fifteenth day of January of each year. The report shall include all of the following:
(1) A description of the drug court operating within the jurisdiction.
(2) The name of the participating judge or judges.
(3) Community involvement.
(4) Education and training.
(5) Use of existing resources.
(6) Collaborative efforts.
(7) An evaluation of the critical data elements required by subsection (a) of Section 12-23A-10.
(g) The Administrative Director of Courts shall provide a statewide report each year during the regular legislative session to the Alabama Supreme Court, Legislature, and Governor regarding the need for, and implementation of, this chapter. The report shall include a synopsis of such information or data necessary to determine the impact, utility, and cost-effectiveness of its implementation and ongoing operation.
(Act 2010-754, p. 1909, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-11 - Liability.

Section 12-23A-11
Liability.
(a) Absent negligence, wantonness, recklessness, or deliberate misconduct, any individual who, in good faith, provides services pursuant to this chapter, shall not be liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees, administrative personnel, and drug court team members, as well as volunteers.
(b) Any qualified person who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to this chapter shall not be liable in any civil action.
(Act 2010-754, p. 1909, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-12 - Construction of Chapter.

Section 12-23A-12
Construction of chapter.
Nothing in this chapter shall be construed to require a county commission or any county employee to participate in or fund in whole or in part the development or operation of a drug court program authorized in this chapter.
(Act 2010-754, p. 1909, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 23A - Alabama Drug Offender Accountability Act. › Section 12-23A-13 - Persons Ineligible to Participate.

Section 12-23A-13
Persons ineligible to participate.
A holder of a commercial driver's license, a commercial driver learner's permit holder, and any other operator of a commercial motor vehicle that is subject to Part 383 of the Federal Motor Carrier Safety Regulations shall be ineligible to participate in any drug court program.
(Act 2010-754, p. 1909, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 24 - Recusal for Campaign Contributions. › Section 12-24-1 - Recusal of Justice or Judge Due to Campaign Contributions.

Section 12-24-1
Recusal of justice or judge due to campaign contributions.
Repealed by Act 2014-455, §2, effective July 1, 2014.
(Acts 1995, No. 95-648, p. 1355, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 24 - Recusal for Campaign Contributions. › Section 12-24-2 - Filing by Judges, Justices, Parties, and Attorneys of Disclosure Statements Concerning Campaign Contributions.

Section 12-24-2
Filing by judges, justices, parties, and attorneys of disclosure statements concerning campaign contributions.
Repealed by Act 2014-455, §2, effective July 1, 2014.
(Acts 1995, No. 95-648, p. 1355, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 24 - Recusal for Campaign Contributions. › Section 12-24-3 - Recusal of a Justice or Judge Due to Campaign Contribution; Rebuttable Presumption; Appeal.

Section 12-24-3
Recusal of a justice or judge due to campaign contribution; rebuttable presumption; appeal.
(a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering communication made to or on behalf of the justice or judge in the immediately preceding election by a party who has a case pending before that justice or judge, either of the following circumstances exist:
(1) A reasonable person would perceive that the justice or judge's ability to carry out his or her judicial responsibilities with impartiality is impaired.
(2) There is a serious, objective probability of actual bias by the justice or judge due to his or her acceptance of the campaign contribution.
(b) A rebuttable presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution made directly by a party to the judge or justice exceeds the following percentages of the total contributions raised during the election cycle by that judge or justice and was made at a time when it was reasonably foreseeable that the case could come before the judge or justice:
(1) Ten percent in a statewide appellate court race.
(2) Fifteen percent in a circuit court race.
(3) Twenty-five percent in a district court race.
Any refunded contributions shall not be counted toward the percentages noted herein.
(c) The term party, as referenced in this section, means any of the following:
(1) A party or real party in interest to the case or any person in his or her immediate family.
(2) Any holder of five percent or more of the value of a party that is a corporation, limited liability company, firm, partnership, or any other business entity.
(3) Affiliates or subsidiaries of a corporate party.
(4) Any attorney for the party.
(5) Other lawyers in practice with the party's attorney.
(d) An order of a court denying a motion to recuse shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appeal may be filed only within 30 days of the order denying the motion to recuse. During the pendency of an appeal, where the threshold set forth in subsection (b) is met, the action in the trial court shall be stayed in all respects.
(Act 2014-455, p. 1688, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-1 - Created.

Section 12-25-1
Created.
There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the "commission."
(Act 2000-596, p. 1192, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-2 - Purpose.

Section 12-25-2
Purpose.
(a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and practices appropriate for the state which:
(1) Secure the public safety of the state by providing a swift and sure response to the commission of crime.
(2) Establish an effective, fair, and efficient sentencing system for Alabama adult and juvenile criminal offenders which provides certainty in sentencing, maintains judicial discretion and sufficient flexibility to permit individualized sentencing as warranted by mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants with like criminal records who have been found guilty of similar criminal conduct. Where there is disparity, it should be rational and not related, for example, to geography, race, or judicial assignment.
(3) Promote truth in sentencing, in order that a party involved in a criminal case and the criminal justice process is aware of the nature and length of the sentence and its basis.
(4) Prevent prison overcrowding and the premature release of prisoners.
(5) Provide judges with flexibility in sentencing options and meaningful discretion in the imposition of sentences.
(6) Enhance the availability and use of a wider array of sentencing options in appropriate cases.
(7) Limit the discretion of district attorneys in determining the charge or crime.
(b) In fulfilling its purposes, the commission shall be mindful of the purposes of sentencing that include, but are not limited to, all of the following:
(1) Protecting the public.
(2) Promoting respect for the law.
(3) Providing just and adequate punishment for the offense.
(4) Deterring criminal conduct.
(5) Imposing sanctions which are least restrictive while consistent with the protection of the public and the gravity of the crime.
(6) Promoting the rehabilitation of offenders.
(Act 2000-596, p. 1192, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 25 - Alabama Sentencing Commission. › Article 1 - General Provisions. › Section 12-25-3 - Membership.

Section 12-25-3
Membership.
(a) The commission shall consist of the following voting members:
(1) The Chief Justice of the Supreme Court, or at his or her designation, a sitting or retired judge, who shall serve as chair, or at his or her designation another member of the commission shall serve as chair.
(2) The Governor, or his or her designee.
(3) The Attorney General, or his or her designee.
(4) Three district attorneys appointed by the President of the Alabama District Attorneys' Association.
(5) Two circuit judges, active or retired, appointed by the President of the Alabama Association of Circuit Court Judges.
(6) A district judge, active or retired, appointed by the President of the Alabama Association of District Court Judges.
(7) Two victims of a violent felony or persons whose immediate family member was a victim of a violent felony, appointed by the Governor.
(8) The Chair of the House Judiciary Committee, or his or her designee who is a member of the House Judiciary Committee.
(9) The Chair of the Senate Judiciary Committee, or his or her designee who is a member of the Senate Judiciary Committee.
(10) A private attorney specializing in criminal defense appointed by the President of the Alabama Criminal Defense Lawyers' Association.
(11) A private attorney specializing in criminal law appointed by the President of the Alabama Lawyer's Association.
(12) A county commissioner appointed by the Governor.
(13) The Commissioner of the Department of Corrections, or his or her designee.
(14) The Chair of the Alabama Board of Pardons and Paroles, or his or her designee.
(15) A member of the academic community with a background in criminal justice or corrections policy appointed by the Chief Justice.
(16) A sheriff appointed by the Sheriff's Association.
(17) An active police officer appointed by the Association of Chiefs of Police.
(b)(1) Appointed members of the commission shall serve terms of four years and may be reappointed for a second term. Members of the commission who serve because of their public office or position shall serve only as long as they hold such office or position.
(2) A member appointed to fill a vacancy on the commission which occurs before the expiration of the term for which his or her predecessor was appointed shall serve only for the remainder of such term.
(3) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of this state.
(Act 2000-596, p. 1192, §3; Act 2012-473, p. 1304, §1.)