Title 45

(a) The district attorney may establish a pretrial diversion program within the Twenty-sixth Judicial Circuit in Russell County. (b) All discretionary powers endowed by the common law, provided for by statute or acts of this state, or otherwise provided by law for the district at…

(a) An offender may apply to the district attorney for admittance to the pretrial diversion program. (b) Admittance into the pretrial diversion program is in the absolute discretion of the district attorney and decisions to admit or to deny admittance to the program shall not be …

(a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any or all of the following circumstances: (1) There is a probability that justice will be served if the offender is placed in…

(a) Upon application by an offender for admission into the pretrial diversion program and prior to admission thereto and as a part of the district attorney’s evaluation process, the district attorney may require the offender to furnish information concerning past criminal history…

(a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the progra…

(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the application fee shall be in addition to any other costs assessed pursuant to this program. A schedule of payments for the applicatio…

All fees paid to the district attorney by offenders pursuant to this subpart shall be paid into the District Attorney’s Solicitor Fund. The funds shall be used to pay any costs associated with the administration of this program or for any other lawful purpose of the district atto…

(a) Upon acceptance of an offender into the pretrial diversion program, the district attorney shall submit the offender’s written application, together with the offender’s statement of facts, the district attorney’s acceptance of the offender, and the agreement between the distri…

After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the district attorney may do either of the following: (1) Modify the terms, conditions, and requirements of the program for the offender. (2) Terminate the offender…

An offender who is accepted into the program shall pay all costs thereof including, but not limited to, treatment costs, testing costs, and monitoring costs. (Act 2012–364, p. 907, § 11.)

The district attorney, his or her staff, any treatment provider, monitoring provider, or any other agency or service provider shall not have any liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program or for acceptance o…

The pretrial diversion program may apply for grants, may accept gifts from individuals or corporations, and may receive funding appropriations from federal, state, county, or local governments or agencies. (Act 2012–364, p. 907, § 13.)

The district attorney may utilize the services of the Russell County Drug Court and Russell County Community Corrections and may contract with any other agency, person, or corporation for services related to this subpart and may employ such persons as necessary to accomplish this…

(a) Any payments made to any judge of probate including, but not limited to, any payments pursuant to a mistaken interpretation of Section 12–13–20, are validated, ratified, and confirmed. (b) The operation of this section shall be retroactive to October 1, 1990. (c) The judge of…

(a) Beginning on the first day of the first month next following the salary of the Judge of Probate of Russell County shall be forty-five thousand dollars ($45,000), payable in equal monthly installments from the county treasury. (b)(1) Commencing on November 1, 2013, the Judge o…

In Russell County, any law, whether special, local or general, to the contrary notwithstanding, any person who is employed in the office of judge of probate prior to the election of any judge of probate and who is related by blood or marriage to the judge of probate may continue …

(a) Pursuant to the authority granted by Section 57-8.00 of the Constitution of Alabama of 2022, and Section 12–19–90(d), in Russell County, a recording fee shall be paid to the county and collected by the judge of probate with respect to each instrument that may be filed for rec…

(a) The Russell County Board of Education shall be composed of seven members elected as follows: (1) One member shall be elected from each of the board of education districts hereinafter described and shall be a qualified elector thereof, and shall reside in the district. Members…

In Russell County, the county commission may increase the compensation of each member of the board of registrars in such amount as will, together with any amount paid by the state, make the total paid to each member at least one hundred dollars ($100) for each working day of the …

In Russell County, the county commission may increase the compensation of election officials who work at polling places in such an amount as will, together with any amount paid by the state, make the total paid to such officials at least sixty dollars ($60) for each day they work…

(a) All functions, duties, and responsibilities for the construction, maintenance, and repair of public roads, highways, bridges, and ferries in Russell County are vested in the county engineer, who shall, insofar as possible, construct, and maintain such roads, highways, bridges…

This article shall apply to all portions of Russell County except that portion of Russell County which lies within the city limits of the City of Phenix City. (Act 2015–523, 1st Sp. Sess., p. 1866, § 1.)

The Legislature declares that eligible volunteer fire departments and the Russell County Firefighters Association that receive funds pursuant to this article are nonprofit organizations which are public in nature, as they protect the health, safety, and welfare of the residents o…

For the purposes of this article, the following terms shall have the following meanings: (1) COMMERCIAL BUILDING. Any building, unit, structure, or other improvement to real property used or expected to be used for commercial or business purposes, including rental or lease proper…

The purposes and uses of the funds generated by this article are to enable all participating eligible volunteer fire departments in Russell County to lower their ISO ratings and to provide fire protection services and emergency medical services to the residents of the county. All…

(a) There is levied on the owner of each residence in Russell County outside the corporate limits of the City of Phenix City, a fire protection service fee of fifty dollars ($50) per year and on each commercial business at a specified location, a fire protection service fee of on…

(a) The fire protection service fee shall be collected, administered, and enforced in the same manner, and under the same requirements and laws, as are the ad valorem taxes of this state. In the case of mobile homes, the fee shall be collected, administered, and enforced at the s…

(a) Funds paid to the eligible volunteer fire departments shall only be expended for fire protection services and emergency medical services, including training, supplies, and equipment. (b) In addition to subsection (a), funds may be expended to purchase insurance, including lia…

(a) Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds derived from this article or any assets purchased with funds derived from this article, after all lawful indebtedness has been satisfied, shall be transferred to the county commissi…

The personnel of eligible volunteer fire departments or the volunteer fire association provided for in this article may not be considered employees, servants, or agents of the county, absent their own negligence, willfulness, wantonness, or intentional conduct, and the members of…

As used in this article the following words shall mean the following, unless the context clearly indicates otherwise: (1) BINGO. The game, commonly known as bingo, where numbers or symbols on a card are matched with numbers or symbols selected at random. (2) BINGO SESSION. A cons…

The operation of bingo games for prizes or money by qualified organizations or qualified clubs for bona fide charitable, educational, or other lawful purposes shall be legal in Russell County, subject to this article. (Act 96–613, p. 966, § 2.)

(a) No qualified organization or club shall be permitted to operate a bingo game unless the sheriff of the county first issues a permit to the organization or club authorizing it to do so. The permit described in this article is in addition to, and not in lieu of, any other busin…

(a) A qualified organization or club which does not hold a permit, pursuant to Section 45–57–150.02, may apply for a special permit for conducting a bingo session at a designated location for a special occasion. The applicant shall submit to the sheriff a written application prep…

(a) Each bingo permit shall contain the name and address of the permit holder, the location at which the permit holder is permitted to conduct bingo, and the day or days of the week on which the permit holder is permitted to conduct bingo. (b) The bingo permit holder shall displa…

(a) It is the intention of the Legislature that only qualified organizations or qualified clubs which are properly issued permits or licenses, or special permits, pursuant to this article, shall be allowed to operate bingo games. A qualified organization or qualified club shall n…

All fees collected by the sheriff under this article shall be paid into the county fund, and all necessary expenses incurred by that official in the administration and enforcement of this article shall be financed from that general fund, with the remainder distributed to the seni…

No less than 100 percent of the net proceeds of a bingo game shall be designated and expended for charitable or educational purposes. Net proceeds means gross proceeds less reasonable expenses incurred or paid in connection with the holding, operating, or conducting of bingo, inc…

(a) Bingo may not be conducted with any equipment which is not owned, being purchased, or being rented at a reasonable rate by the permit holder, except as otherwise provided in subsection (b) of Section 45–57–150.05. (b) Prizes given by any organization for the playing of bingo …

Each permit holder shall maintain the following records pertaining to each bingo session for at least one year from the date of the session: (1) An itemized list of gross receipts for each session. (2) An itemized list of all expenses, including the name of each person to whom th…

(a) On or before April 15th, after this article has been in effect for one year, and on or before April 15 of each calendar year thereafter, each permit holder shall file with the sheriff a copy of the records required in Section 45–57–150.09 relating to the operation of bingo se…

The sheriff, for good cause shown, may revoke any permit if the permit holder or any officer, director, agent, member, or employee of the permit holder violates this article or rules adopted pursuant to this article. The revocation by the sheriff shall become effective 10 days af…

(a) A permit holder whose permit or special permit is revoked for a violation of this article or a rule adopted under this article, is ineligible to apply for a permit for a period of one year after the revocation. (b) A person convicted of an offense under Section 45–57–150.14 o…

The circuit court of the county shall have jurisdiction to restrain or enjoin violations of this article and shall afford trial by jury for all appeals directed to it for alleged violations of this article leading to revocations of existing permits. (Act 96–613, p. 966, § 14.)

Any person who violates this article shall be guilty of a Class C misdemeanor upon first conviction under this article. Any subsequent conviction shall be a Class A misdemeanor. Any person who is convicted under this section shall be punished as provided by law. (Act 96–613, p. 9…

Any device, equipment, record, money, or stakes used in any bingo game or operation in violation of this act, may be contraband and may be seized and be forfeited. Property forfeited may be sold, destroyed, or retained for official use by the municipal, county, state, or law enfo…