Title 12 — Title 12

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 i…

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 …

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 …

Eligibility of Programs to Receive Payment from Fund. The Department of Mental Health 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 rei…

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 t…

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…

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 n…

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 abus…

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…

Supervision by Administrative Director of Courts and Circuit Judges; Compensation; Duties. (a) The Administrative Director of Courts is authorized to appoint court referral officers or contract with individuals or entities to provide alcohol and drug assessment for courts and to …

Conditions. Any person arrested or charged with the violation of a controlled substance offense as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district attorney having jurisdiction over the offense to enroll in a drug abuse treatment pro…

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 progra…

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 a…

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. History: (Acts 1990, No. …

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 Organiz…

This chapter shall be known and may be cited as the Honorable Pete Johnson Alabama Accountability Court Act. History: (Act 2010-754, p. 1909, §1; Act 2025-183, §1.)

(a) To protect the privacy of an offender in accordance with federal and state confidentiality laws, treatment records shall be kept in a secure environment, separated from the court records to which the public has access. (b) The offender shall be responsible for all fees, court…

(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, a…

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 an accountability court program authorized in this chapter. History: (Act 2010-754, p. 1909, §12; Act 202…

A holder of a commercial driver license, a commercial driver learner permit holder, or 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 accountability court progr…

For the purposes of the annual General Fund Budget Act, drug courts shall be funded as a separate line item. History: (Act 2025-183, §2.)

As used in this chapter, the following words have the following meanings: (1) ACCOUNTABILITY COURT. A judicial intervention program for offenders including, but not limited to, those who are: (i) veterans; (ii) in need of substance abuse services; or (iii) in need of mental healt…

(a) The Legislature recognizes that a critical need exists in this state for the criminal justice system to more effectively address the number of offenders who have a substance abuse disorder, who suffer from mental illness, or who suffer from a condition related to a veteran’s …

(a)(1) The presiding judge of each judicial circuit may establish an accountability court to appropriately address the identified substance abuse disorder, mental illness, or other issue of the offender as a condition of pretrial release, pretrial diversion, probation, jail, pris…

Eligibility Criteria. (a) Anyone receiving drug or substance test results, a screening, an assessment, or other personal medical information shall maintain that information in accordance with federal and state confidentiality laws. (b) An offender shall not be eligible for admiss…

(a) The accountability court, when practicable, shall ensure that no agency provide both assessment and treatment services for an accountability court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an of…

THIS SECTION WAS REPEALED BY ACT 2025-183, EFFECTIVE OCTOBER 1, 2025. History: (Act 2010-754, p. 1909, §7; Act 2025-183, §3.)

(a) Any accountability court in this state may transfer to or accept transfer from any other accountability court in this state and any accountability court, or similar court in any other state which is a part of the Interstate Compact for Adult Offender Supervision, any offender…

(a) The Administrative Office of Courts shall adopt policies and procedures regarding best practices in the planning, implementation, and development of accountability courts statewide. (b) AOC shall provide state-level coordination and support for accountability court judges and…

Repealed by Act 2014-455, §2, effective July 1, 2014. History: (Acts 1995, No. 95-648, p. 1355, §1.)

Statements Concerning Campaign Contributions. Repealed by Act 2014-455, §2, effective July 1, 2014. History: (Acts 1995, No. 95-648, p. 1355, §2.)

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 o…

There is created within the judicial branch as an agency of the Supreme Court the Alabama Sentencing Commission, hereinafter called the “commission.” History: (Act 2000-596, p. 1192, §1.)

Before or during the 2003 Regular Legislative Session, the commission shall review the present sentencing structure, including laws, policies, and practices, and recommend for consideration in the 2003 Regular Session changes to the criminal code, criminal rules of procedure, and…

Agencies of the state government shall cooperate with the commission as necessary for the commission to carry out its responsibilities. Upon the request of the commission, each agency and department of the state shall make its services, equipment, personnel, facilities, and infor…

(a) The Chief Justice shall appoint a director for the commission. The Chief Justice may also authorize other employee positions for the commission. The director and employees of the commission shall be paid from any funds appropriated to the commission and shall be employed in t…

(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 sentencin…

(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…

This article shall be known and may be cited as the Alabama Sentencing Reform Act of 2003. History: (Act 2003-354, p. 948, §1.)

(a) It is essential that Alabama manage its criminal justice system in the manner best able to protect public safety and make the most effective and efficient use of correctional resources. Based on the findings and recommendations of the Alabama Sentencing Commission, the Legisl…

(a) The Legislature finds the Alabama Sentencing Commission has followed the directives of the Legislature in this article, to develop and recommend to the Legislature a discretionary sentencing structure designed to protect public safety by providing a fair, effective, and effic…

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 probatio…

To achieve the goals recognized by the Legislature in Chapter 25 and Section 12- 25-31, the commission shall: (1) Develop, maintain, and modify as necessary a system of statewide voluntary sentencing standards for use in felony cases which shall take into account historical sente…

(a) Statewide voluntary sentencing standards shall be developed and presented to the Legislature in stages over a three-year period as follows: (1) By July 31, 2003, the commission shall develop and distribute to all sentencing judges a reference manual analyzing historical sente…

The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, a…

(a) For the purposes of this section, the following words have the following meanings: (1) AGGRAVATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence whereby the sentencing court may impose a departure sentence above the presumptive sentence recomm…

(a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretion of the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his or her attorney, present a completed appropriate volun…

This section and Sections 12-25-37 and 12-25-38 shall apply only after development and legislative approval of the proposed truth-in-sentencing standards submitted in 2020. When a judge sentences based on the voluntary truth-in- sentencing standards, all of the following rules sh…

(a) An offender sentenced based on the voluntary truth-in-sentencing standards is released from incarceration to post-release supervision on the date equivalent to the expiration of the minimum term of sentence plus any additional time added by the Department of Corrections on th…

(a) Offenders who fail to comply with the conditions of post-release supervision as specified by the Board of Pardons and Paroles may have their release status revoked. (b) At any time during the period of post-release supervision, the Board of Pardons and Paroles may issue a war…