Code of Alabama - Title 12: Courts - Chapter 23 - Alcohol and Drug Abuse Court Referral and Treatment Program

• Section 12-23-1 Short title
  This chapter shall be known as the "Mandatory Treatment Act of 1990."
• 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...
• 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....
• 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...
• 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...
• 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...
• 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 to participate in...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: May 3, 2021