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 […]
Section 12-23-4 – Court Referral Officers or Contracting Entities; Appointment; Supervision by Administrative Director of Courts and Circuit Judges; Compensation; Duties.
Section 12-23-4 Court referral officers or contracting entities; appointment; 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 conduct the court referral programs in […]
Section 12-23A-1 – Short Title.
Section 12-23A-1 Short title. This chapter shall be known and may be cited as the Alabama Drug Offender Accountability Act. (Act 2010-754, p. 1909, §1.)
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.)
Section 12-23-5 – Request to Enroll in Program in Lieu of Drug Prosecution; Guidelines; Conditions.
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; 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 […]
Section 12-23A-2 – Definitions.
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney. c. The public defender or a member of the […]
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 […]
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. […]
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 […]
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, […]