Section 12-23-1 – Short Title.
Section 12-23-1 Short title. This chapter shall be known as the “Mandatory Treatment Act of 1990.” (Acts 1990, No. 90-390, p. 537, §1.)
Section 12-23-10 – Alcohol and Drug Abuse Court Referral Officer Trust Fund – Established; Use.
Section 12-23-10 Alcohol and Drug Abuse Court Referral Officer Trust Fund – Established; use. The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the State Treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral officer program. This […]
Section 12-23-11 – Alcohol and Drug Abuse Court Referral Officer Trust Fund – Purpose of Expenditures; Effect on Other Appropriations.
Section 12-23-11 Alcohol and Drug Abuse Court Referral Officer Trust Fund – Purpose of expenditures; effect on other appropriations. Moneys contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund shall be expended by the Administrative Director of Courts for purposes set out in Section 12-23-4. Appropriations heretofore or hereafter made to the […]
Section 12-23-12 – Court Referral Officer Assessment Fee.
Section 12-23-12 Court referral officer assessment fee. In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving under the influence or other alcohol or drug related offenses as defined […]
Section 12-23-13 – Monitoring Fee.
Section 12-23-13 Monitoring fee. 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 in Section […]
Section 12-23-14 – Eligibility of Court Referral Programs to Receive Payments From Fund.
Section 12-23-14 Eligibility of court referral programs to receive payments from fund. 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 […]
Section 12-23-15 – Indigent Offender Alcohol and Drug Treatment Trust Fund – Established Fee; Sanctions for Failure to Remit Fees.
Section 12-23-15 Indigent Offender Alcohol and Drug Treatment Trust Fund – Established 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 […]
Section 12-23-16 – Indigent Offender Alcohol and Drug Treatment Fund – Criteria for Eligibility of Programs to Receive Payment From Fund.
Section 12-23-16 Indigent Offender Alcohol and Drug Treatment Fund – Criteria for eligibility of programs to receive payment from fund. The Department of Mental Health and Mental Retardation 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 […]
Section 12-23-17 – Indigent Offender Alcohol and Drug Treatment Trust Fund – Purpose of Expenditures.
Section 12-23-17 Indigent Offender Alcohol and Drug Treatment Trust Fund – Purpose of 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 […]
Section 12-23-18 – Waiver of Payment of Fees for Indigents; Revocation of Waiver; Community Service in Lieu of Payment.
Section 12-23-18 Waiver of payment of fees for indigents; revocation of waiver; 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 […]
Section 12-23-19 – Exemption From Liability.
Section 12-23-19 Exemption from liability. 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 negligence actions taken in performance of their official duties […]
Section 12-23-2 – Legislative Findings and Intent.
Section 12-23-2 Legislative findings and intent. 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 abuse or dependency have […]
Section 12-23-3 – Definitions.
Section 12-23-3 Definitions. 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 a factor in the commission of the […]
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 12-23-5 – 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 12-23-6 – 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 12-23-7 – Mandatory Drug Testing at Own Expense for Person Convicted of Alcohol or Drug-Related Offenses and Placed on Probation or Parole; Treatment for Persons Who Fail Test; Indigents Not Required to Pay.
Section 12-23-7 Mandatory drug testing at own expense for person convicted of 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 […]
Section 12-23-8 – Enforcement.
Section 12-23-8 Enforcement. 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. (Acts 1990, No. 90-390, p. 537, §8.)
Section 12-23-9 – Department of Mental Health to Develop Policies and Procedures; Certification.
Section 12-23-9 Department of Mental Health to develop policies and procedures; 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 Organizations (JCAHO). (Acts 1990, […]