Title 45

This article shall not be construed to make any changes in funding or responsibility for existing methods of transporting bodies in Escambia County. The Department of Forensic Sciences is assigned no additional responsibilities for transportation of bodies pursuant to this articl…

The county medical examiner shall make an annual report to the county governing body listing the number of deaths investigated, the determinations made, and other reasonable facts as required by the governing body. (Act 97-571, p. 1010, §18.)

(a)(1) There is hereby established a trust account for the Town of Pollard, Alabama, for the exclusive benefit of the Town of Pollard and its citizens. The name of the trust fund shall be the Town of Pollard Trust Account. (2) In order to preserve for future generations the Town …

In the Town of Pollard in Escambia County, the following railroad crossings in the corporate limits of the town are designated as public crossings: (1) Louisville Street and Richmond Avenue, the southwesterly crossing in the corporate limits of the municipality. (2) Elizabeth Ave…

(a) All laws to the contrary notwithstanding, the Chair of the Escambia County Commission shall serve full time as such officer. (b) The provisions of this section are cumulative and shall not be construed to repeal other laws or parts of laws unless such laws or parts of laws ar…

(a) In Escambia County, there is hereby created the office of Chair of the Escambia County Commission. The chair shall be elected by the commissioners from one of their number and shall serve for a term of one year or until his or her successor is elected. The one year term shall…

(a) In addition to all salaries, travel, and other expenses now provided or allowed by law to be paid to them, each member, including the chair, of the County Commission of Escambia County, shall be paid or reimbursed by the county for actual expenses incurred in the performance …

(a) In Escambia County, the chair and members of the county commission are each hereby entitled to an expense allowance of two thousand dollars ($2,000) per year. The expense allowance shall be in addition to any and all other salary, compensation, or expense allowance heretofore…

(a) On July 1, 1991, the chair and associate commissioners of the County Commission of Escambia County shall be entitled to receive a monthly expense allowance in the amount of three hundred dollars ($300) to be paid from the county general fund. The expense allowance shall be in…

(a) The Chair of the Board of County Commissioners of Escambia County shall serve as county purchasing agent without additional compensation. The county purchasing agent shall purchase for the county officials, the county offices, and every department of the county, all books, st…

(a) This section shall be applicable to supernumerary circuit clerks In Escambia County. (b) Any law to the contrary notwithstanding, the Supernumerary Circuit Clerk of Escambia County shall receive an annual expense allowance in an amount which together with any salary from coun…

In addition to all other compensation provided for by law, the official court reporter of the Twenty-first Judicial Circuit of Alabama shall be entitled to additional compensation payable by Escambia County in the amount of seven thousand dollars ($7,000) annually. Such additiona…

(a) In the Twenty-first Judicial Circuit, in Escambia County, the county commission shall pay the presiding circuit judge and circuit court judge No. 2 a total expense allowance of twelve thousand dollars ($12,000) per annum. Such expense allowance shall be paid in equal monthly …

In all capital cases where trial by jury is held before the circuit court in the Twenty-first Judicial Circuit of Alabama, the judge presiding over the empanelment of the jury venire in the capital case is authorized to excuse any prospective juror outside the presence of the def…

(a) In Escambia County, in order to provide a special fund for the creation and maintenance of the law library and for the purposes of judicial administration as further specified in this section, there shall be taxed as additional court costs the sum of thirty dollars ($30) in e…

(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Escambia County, a docket fee, hereinafter referred to as a solicitor’s fee, shall be assessed in each case. The fees, when collected, shall be distributed…

(a) In Escambia County, a booking fee in the amount of thirty dollars ($30) shall be assessed against and collected from each person booked or incarcerated into the Escambia County Detention Center and subsequently convicted. The fee assessed pursuant to this section shall be in …

(a) The office of the district attorney serving Escambia County, Alabama, shall be allowed to establish a court cost recovery division for the purpose of collecting assessments, costs, fees, fines, or forfeitures due to be paid to the State of Alabama, Escambia County, municipali…

(a) The District Attorney of the Twenty-first Judicial Circuit of Alabama may establish a pretrial diversion program. (b) The district attorney shall retain all discretionary powers endowed by the common law and provided for by statutes and acts of this state or powers or discret…

(a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit or district court of the Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first Judicial Circuit for admittance to the pretrial …

(a) Diversion shall be appropriate if: (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 the diversion program. (3) It is determined the needs of the state and …

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

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

(a) An offender shall make application to the pretrial diversion program 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 discret…

(a) An applicant may be assessed a fee of not more than one thousand dollars ($1,000) when the applicant is approved for the program. The amount of the assessment for participation in the program shall be set from time to time by the district attorney. The assessment shall be in …

The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program 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…

(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the perio…

The district attorney shall establish a Pretrial Diversion Fund. All fees paid by offenders as set out in this subpart to the district attorney shall be placed into the Pretrial Diversion Fund. The district attorney shall use the funds to pay costs associated with the administrat…

(a) If the offender violates the conditions of the pretrial diversion program 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…

(a) The Judge of Probate of Escambia County shall be compensated on a salary basis which shall be in lieu of all fees and commissions heretofore paid as compensation to such judge. The amount of such salary shall be the same as that paid to the presiding circuit judge in the coun…

The Judge of Probate of Escambia County is hereby authorized to employ two additional clerks in addition to those provided for by Section 45-27-83, to aid in carrying out the duties of the office at the Atmore Satellite Courthouse. Such clerks shall serve at the pleasure of the j…

(a) Effective October 1, 2021, the Judge of Probate of Escambia County shall receive an additional expense allowance based on the difference in an annual salary of eighty-eight thousand dollars ($88,000) per year and the amount of the annual salary the judge of probate is eligibl…

(a) The Judge of Probate of Escambia County, in lieu of the fees prescribed by general law, shall charge and collect the following fees for the following services: (1) One hundred five dollars ($105) for the probate of a will. (2) One hundred five dollars ($105) for the administr…

For the purposes of this part, the following terms shall have the following meanings: (1) COUNTY. Escambia County. (2) DISTRICT ATTORNEY. The District Attorney for the 21st Judicial Circuit. (3) RESERVATION. The reservation of the tribe or any land held in trust for the tribe by …

If a tribal fugitive is found within the county, he or she may be extradited to the tribe as provided for by this part. (Act 2017-351, §2.)

(a) No demand for extradition of a tribal fugitive shall be recognized unless a written request is received by the district attorney. (b) The written request shall contain all of the following: (1) A sworn statement stating that the accused tribal fugitive was alleged to be prese…

If a criminal prosecution has been instituted under the laws of this state against a person demanded by the tribe as a tribal fugitive for extradition, and the prosecution is still pending, the district attorney may either commence extradition or demand that the accused tribal fu…

If the district attorney complies with the demand for extradition, the district attorney shall submit the documents specified in Section 45-27-84.02 to the district court and the district court judge shall issue a warrant of arrest directed to any law enforcement officer for the …

The district court judge may call upon the district attorney to investigate the demand for extradition, to report the situation and circumstances of the person so demanded, and to recommend whether the person should be surrendered. (Act 2017-351, §6.)

(a) No tribal fugitive shall be delivered to an agent appointed by the tribe to receive the tribal fugitive until first being taken before the district court judge, who shall inform the accused tribal fugitive of the demand for extradition, the crime charged, and of his or her ri…

(a) If the district court judge determines the accused person is a tribal fugitive, then the tribal fugitive shall be surrendered to an agent of the tribe. (b) The guilt or innocence of the accused tribal fugitive may not be inquired into by the district court judge in an extradi…

Notwithstanding Sections 45-27-84.04 and 45-27-84.07, a law enforcement or corrections agency in the county holding an accused tribal fugitive may deliver the accused tribal fugitive to the duly accredited agent of the tribe without the requirement of a warrant if both of the fol…

The law enforcement officer or person executing the warrant of arrest or the agent of the tribe to whom the tribal fugitive may have been delivered, if necessary, may confine the tribal fugitive in a jail of the county and the keeper of the jail shall receive and safely keep the …

An extradition proceeding provided for by this part may not interfere with or supersede a formal proceeding under Article 2 of Chapter 9 of Title 15, relating to extradition by the Governor of Alabama. (Act 2017-351, §11.)

For the purpose of promoting industry and trade and to assist the county commission or other like governing bodies in Escambia County in their pursuits thereof, there is created an Industrial Development Authority for Escambia County which shall be composed of members as provided…

The authority shall hold an organizational meeting within 30 days after the appointment of all its members and shall elect a chair and vice chair from among its members. Such officers shall serve for such term as the authority by rule or regulation may prescribe. After the organi…