Section 15-18-170 – Short Title.
Section 15-18-170 Short title. This article shall be known as the “Alabama Community Punishment and Corrections Act.” (Acts 1991, No. 91-441, p. 795, §1; Act 2003-353, p. 930, §1.)
Section 15-18-171 – Definitions.
Section 15-18-171 Definitions. As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and […]
Section 15-18-171.1 – Community Corrections Division.
Section 15-18-171.1 Community Corrections Division. The Community Corrections Division is created in the Department of Corrections. The division shall be responsible for implementing and administering this article and any provisions of law relating to the operation and management of a community-based sentencing program. The division shall employ an executive management staff consisting of a director […]
Section 15-18-172 – Establishment of Program; Funding; Rules and Regulations; Participation in Program; Alternatives.
Section 15-18-172 Establishment of program; funding; rules and regulations; participation in program; alternatives. (a) A county or group of counties may establish a community punishment and corrections program for state and county inmates or youthful offenders in custody of the county. The program shall be established by a county by resolution adopted by the county […]
Section 15-18-173 – Goals.
Section 15-18-173 Goals. The goals of the community punishment and corrections act are: (1) To promote accountability of offenders to their local community by requiring direct financial restitution to be made to victims of crime and that community service be made to local governments and community agencies representing the community; (2) To provide a safe, […]
Section 15-18-174 – Powers, Duties, Authority of Department.
Section 15-18-174 Powers, duties, authority of department. In addition to those otherwise provided by law, the department shall have the following powers, duties, and authority: (1) Monitor the community punishment and corrections program within the goals and mandates established herein. (2) Conduct statewide public education programs concerning the purposes and goals as established herein and […]
Section 15-18-175 – Eligibility; Exclusion; Sentencing.
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article: (1) Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correctional institution. (2) Persons who are convicted […]
Section 15-18-176 – Submission and Format of Plan; Application Process and Procedures; Participation Voluntary.
Section 15-18-176 Submission and format of plan; application process and procedures; participation voluntary. (a) A community punishment and corrections plan shall be developed and submitted to the department which sufficiently documents the local need and support for the proposed program. The community punishment and corrections plan shall have the approval of the county commission in […]
Section 15-18-177 – Drafting of Plan.
Section 15-18-177 Drafting of plan. The proposed community punishment and corrections plan may be drafted by an authority established under this article, or in lieu of the establishment of an authority, a county or another qualifying nonprofit entity as described in subsection (b) of Section 15-18-178. (Acts 1991, No. 91-441, p. 795, §8.)
Section 15-18-178 – Eligibility for Contracts or Grants; Common Facilities and Cost Sharing.
Section 15-18-178 Eligibility for contracts or grants; common facilities and cost sharing. (a) Any county program or authority formed by one or more counties under this article shall be eligible to apply for direct and continuing financial contracts and grants under the article. (b) A nonprofit entity other than a community punishment and corrections authority […]
Section 15-18-179 – Application for Incorporation; Certificate of Incorporation; Amendment; Board of Directors; Dissolution; Funding; Competitive Bidding Laws Not Applicable.
Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board of directors; dissolution; funding; competitive bidding laws not applicable. (a) A public corporation may be organized as a community punishment and corrections authority pursuant to this article in any county or group of counties located in one or more judicial circuits. In order to incorporate […]
Section 15-18-180 – Funding for Community-Based Programs, Facilities, Services; User Fees; Inmate Wages.
Section 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate wages. (a) Community punishment and corrections funds may be used to develop or expand the range of community punishments and services at the local level. Community-based programs should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment and supervision of program participants. […]
Section 15-18-180.1 – Utilization of Faith-Based or Nonprofit Treatment Services.
Section 15-18-180.1 Utilization of faith-based or nonprofit treatment services. In addition to facilities utilizing evidence-based practices, a sentencing court may also utilize a faith-based or nonprofit facility that is exempt from Act 2015-185 pursuant to subdivision (5) of subsection (b) of Section 15-18-180 for counseling, education, or other rehabilitation services. (Act 2015-185, §16.)
Section 15-18-181 – Administrative Costs; Uniform Accounting System; Reports and Records Audited Annually.
Section 15-18-181 Administrative costs; uniform accounting system; reports and records audited annually. (a) Administrative costs connected with the expenditures of community punishment and corrections funds under this article shall not exceed a percentage amount established by the commissioner. (b) The Chief Examiner of the Department of Examiners of Public Accounts is directed to develop a […]
Section 15-18-182 – Eligibility for Continued Grant Funding; Additional Incentive Funding; Noncompliance With Plan.
Section 15-18-182 Eligibility for continued grant funding; additional incentive funding; noncompliance with plan. (a) In order to remain eligible for continued grant funding, a recipient must substantially comply with the requirements of this article and the standards and administrative regulations of the department promulgated pursuant to the Administrative Procedure Act defining program effectiveness. Each recipient […]
Section 15-18-183 – Recovery of Damages; Exemption From Civil Liability.
Section 15-18-183 Recovery of damages; exemption from civil liability. The recovery of damages under any judgment or judgments against an authority established under this section shall be limited to one hundred thousand dollars ($100,000) for bodily injury or death for one person in any single occurrence. Recovery of damages under any judgment or judgments against […]
Section 15-18-184 – Authority to Maintain General Liability Insurance.
Section 15-18-184 Authority to maintain general liability insurance. An authority or nonprofit entity contracting with the department under this article shall maintain appropriate liability insurance in an amount sufficient to insure against loss resulting from bodily injury, death or property damage, subject to the limitations on recovery of damages contained in this article and any […]
Section 15-18-185 – Inmate With Medical Condition in Which Treatment Exceeds $2,000 to Be Transferred to Department.
Section 15-18-185 Inmate with medical condition in which treatment exceeds $2,000 to be transferred to department. In the event a state inmate, as defined in this article, participating in a community punishment and corrections program develops a medical condition which, in the opinion of a physician licensed to practice medicine in this state, would require […]
Section 15-18-186 – State-County Community Corrections Partnership Fund.
Section 15-18-186 State-County Community Corrections Partnership Fund. (a) There is created the State-County Community Corrections Partnership Fund in the State Treasury, which shall consist of all monies paid into the State Treasury to the credit of the fund by legislative appropriation, grant, gift, or otherwise for the development, implementation, and maintenance of community-based punishment programs […]