Code of Alabama - Title 45: Local Laws - Section 45-41-83.14 - Legislative intent; construction; failure to abide by conditions

Section 45-41-83.14 - Legislative intent; construction; failure to abide by conditions.

For programs utilizing supervised preadjudication release, it is the intent of the Legislature that this part shall be a guide to courts in Lee County to ensure that no eligible person is needlessly detained in the county jail because of his or her personal economic circumstances or inability to post bail, provided that his or her release shall not be contrary to the public interest or a danger to the public at large, and also shall serve the purpose of assuring the presence of the defendant at trial. It is not the intent of the Legislature that this part be so liberally construed as to allow the indiscriminate release of accused persons. Any court may order that any eligible person incarcerated before trial or adjudication be released on an unsecured appearance bond supervised by the program, under any conditions ordered by the court, and in accord with all of the program policies, rules, and procedures and the Alabama Rules of Criminal Procedure. Conditions shall include, but not be limited to, the eligible person reporting to the program on a periodic basis as a condition of a pretrial bond, abiding by all of the program rules and procedures as promulgated by the board, submitting to, paying for, and passing random, observed drug and alcohol tests and assessments as directed by the program, executing a waiver and agreement regarding participation in the program, and to offset the costs of such a program the participant may be periodically required to pay to the program a reasonable supervision and drug-testing fee set by the board. Failure to abide by any pretrial release conditions may result in the bond of the participant being revoked and the participant being reincarcerated.

(Act 2009-330, p. 558, §15.)

Last modified: May 3, 2021