Title 45

The Madison County Law Library is a part of a network of law libraries with the state-supported law libraries and the non-state-supported law libraries on a voluntary basis, for their mutual benefit. (Act 91-336, p. 654, § 11.)

The state, counties, and state agencies have the authority to transfer, give, or lend books, or property, and materials to the Madison County Law Library; and the county law library has the authority to transfer books, property, and materials to the state, counties, state agencie…

This subpart shall be known and cited as the Madison County Preservation of Justice Act. (Act 2004-262, p. 362, § 1.)

The Legislature hereby finds and declares the following: (1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit has the highest caseload in Alabama. The number of criminal cases has doubled during the last five years, resulting in a backlo…

In addition to any court costs and fees authorized in the district and circuit courts of Madison County, there shall be assessed and collected the following additional court costs and fees: (1) In district court cases, as follows: a. Civil, excluding small claims, twenty-five dol…

Nothing contained in this subpart shall impair the authority of a circuit or district judge to waive or to remit court costs or fees upon the sworn and valid showing of substantial financial hardship. (Act 2004-262, p. 362, § 4.)

(a) The additional court costs or fees collected by the Circuit Court Clerk of Madison County shall be deposited into the Judicial Administration Fund, which is hereby created. (b) It is the intent of the Legislature that the Madison County Commission use the proceeds from the Ju…

When the Administrative Office of Courts or the Office of Prosecution Services resumes funding for all of the employees affected by this subpart, the balance in the Judicial Administration Fund shall be deposited in the Madison County General Fund and appropriated by the Madison …

If the Administrative Office of Courts refuses to enter into or withdraws from a memorandum of understanding to receive the appropriation and maintain the employees of the Twenty-third Judicial Circuit, then the county commission shall use a portion of the Judicial Administration…

The Madison County Circuit Court Clerk shall remit the costs collected under this subpart to the Judicial Administration Fund of Madison County on the last day of each month, with the first payment due on the last day of the month following April 21, 2004. (Act 2004-262, p. 362, …

This subpart may not be construed to require the Madison County Commission to expend or appropriate any funds other than the proceeds of the fees and court costs provided for by this subpart and deposited in the Judicial Administration Fund. (Act 2004-262, p. 362, § 9.)

(a) All district attorney’s fees taxed as costs and collected in all criminal cases in Madison County and the Twenty-third Judicial Circuit shall be paid into a separate fund in a depository designated by the district attorney and shall be known as the District Attorney’s Fund. T…

(a) The special services division of the district attorney’s office may notify those individuals charged with violating Section 13A-9-13.1, by mail, that a warrant has been issued for the arrest of that individual and may (command) request that that individual appear and voluntar…

(a) The District Attorney for the Twenty-third Judicial Circuit is hereby authorized to appoint investigators for the office. (b) Compensation of the investigators shall be set by the district attorney. (c) The investigators for the Twenty-third Judicial Circuit shall have the sa…

(a) The District Attorney of the Twenty-third Judicial Circuit of Alabama, in his or her discretion, may establish a Pretrial Intervention Program (PTIP). (b) The District Attorney of the Twenty-third Judicial Circuit shall retain all discretionary powers endowed by the common la…

(a) Any person charged with a criminal offense whose jurisdiction is in the circuit or district court of the Twenty-third Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-third Judicial Circuit for admittance to the PTIP. No persons charged with a Clas…

(a) Intervention shall be appropriate where: (1) The offender is 18 years of age or older at the time the alleged offense was committed. (2) There is a likelihood justice will be served if the offender is placed in an intervention program. (3) It is determined the needs of the st…

(a) Prior to being admitted to the PTIP, or as a part of the district attorney’s evaluation process, an applicant may be required by the district attorney to furnish information concerning the past criminal, educational, and work record, family history, medical or psychiatric tre…

(a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon his or her successful completion of the program his or her right to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations establis…

(a) An offender must make application to the PTIP no later than 45 days after service of the warrant, or within 21 days following appointment of counsel for the charge for which the offender applies, or at his or her first court appearance. (b) In the discretion of the district a…

(a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the program shall be in addition to any court costs, assessments for victims, or drug, alcohol, or anger management treatment required by law, …

The district attorney and the offender may enter into an agreement as a part of the PTIP of an offender that the offender be admitted to a drug or alcohol program on an inpatient or outpatient basis or receive other treatment alternatives for substance abuse. The district attorne…

(a) In any case in which an offender is admitted into a PTIP there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the intervention program, the length of the program, and the period of time after which the dis…

All fees paid by offenders as heretofore set out shall be paid to the District Attorney of the Twenty-third Judicial Circuit. The district attorney shall establish a Pretrial Intervention Fund. The district attorney shall use the funds to pay costs associated with the administrat…

(a) In the event the offender violates the conditions of the PTIP agreed to in writing by the offender and the district attorney, the district attorney may terminate the participation of the offender in the program and pursue criminal charges against the offender. The offender sh…

This subpart shall apply only in the Twenty-third Judicial Circuit. (Act 94-413, p. 669, § 1.)

The purpose of this subpart is to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law, fines levied against criminals for wrongful conduct, and other court-ordered sums payable to the state or…

The district attorney may establish a special division designated the Restitution Recovery Division for the administration, collection, and enforcement of court costs, fines, penalty payments, victim compensation assessments, bail bond forfeitures, restitution, or like payments i…

The court, the clerk of the court, or a probation officer shall notify the district attorney in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims’ restitution, or victims’ compensation assessments or like payments in any civil or criminal…

(a) After notification, as provided in Section 45-45-83.73, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments, including any of the following: (1) A petition for revocation of probation. (2) A show cause petit…

(a) After a matter has been transferred to the district attorney under Section 45-45-83.73, a court shall assess a collection fee of 30 percent of the funds due which shall be added to the amount of funds due. Any amount collected pursuant to this subpart shall be distributed as …

There shall be an amnesty period of 60 days after April 12, 1994, during which any person may voluntarily pay in full any duly assessed court costs, fines, victim compensation assessments, bail bond forfeitures, penalty payments, restitution, or like payments in default. Commenci…

In addition to this subpart, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges shall be considered a civil judgment which can be recorded and enforced in the manner provided by law. (Act 94-413, p. 669…

The provisions of this subpart are supplemental to any procedures for the enforcement and collection of any court-ordered sums or forfeitures. (Act 94-413, p. 669, § 10.)

The salary of each judge of the District Court of the Twenty-third Judicial Circuit shall be supplemented by the county which makes up the judicial circuit, in the amount of eleven thousand dollars ($11,000) annually. The amount shall be paid in equal monthly installments in the …

(a) The salaries of each judge of the District Court of Madison County shall be supplemented by the governing body of the county in an amount equal to 30 percent of the salary paid the judges by the state. This supplement shall be paid in the same manner and at the same frequency…

Effective on the next term of office, the Judge of Probate of Madison County shall be paid an annual salary equal to not less than 70 percent of the combined state and county compensation paid to circuit judges of Madison County. The salary prescribed herein shall be paid from th…

In Madison County, effective at the beginning of the next term of office, the judge of probate shall not receive compensation or fees for publishing a list of qualified voters in the county pursuant to Section 17-4-129. (Act 2000-661, p. 1323, § 1.)

(a) Beginning on August 1, 2001, the minimum fee for the Mental Health Fund in all probate court transactions collected by the Probate Court of Madison County pursuant to Act 452, 1975 Regular Session (Acts 1975, p. 1073), shall be twelve dollars ($12). (b) The fees collected pur…

(a) In Madison County, a special recording fee of four dollars ($4) shall be collected by the judge of probate on each real or personal property, uniform commercial code, judicial, or other instrument recorded or filed for record in the probate court of the county. The special re…

The members of the Madison County Board of Education shall each receive a salary of one thousand eight hundred dollars ($1,800) per annum, payable in equal monthly installments of one hundred fifty dollars ($150). (Act 81-464, p. 815, § 1.)

(a) Each member of the Madison County Board of Education shall hereafter receive from public school funds of the county, an expense allowance of three hundred dollars ($300) per month, which shall be in lieu of any expense allowances heretofore provided by law for such board memb…

(a)(1) At the time of expiration of the current contract held by the Madison County Superintendent of Education, or at the time of any vacancy in the office of county superintendent of education prior to the contract expiration date, the superintendent of education for Madison Co…

In Madison County, the parent or guardian of a public school student who resides in an area that has been annexed to a municipality since January 1, 1960, and who is currently being denied public school transportation service by that municipality’s school system and who resides f…

In addition to the amount paid by the state to members of the Madison County Board of Registrars, the county commission shall be authorized to provide for an additional amount to be paid by the county general fund. The additional amount shall be within the discretion of the commi…

(a) During their term of office, members of the Madison County Board of Registrars and their dependents and the members of the Madison County Personnel Board and their dependents shall be eligible for coverage under the Madison County Health Insurance Plan. Upon expiration of the…