HB442ENGROSSED
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HB442
QDBF114-2
By Representative Wood (R) (N & P)
RFD: Local Legislation
First Read: 11-Apr-24
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First Read: 11-Apr-24
A BILL
TO BE ENTITLED
AN ACT
Relating to Calhoun County; to authorize the county
commission and the governing bodies of municipalities to
regulate halfway houses and other similar facilities; and to
provide for enforcement.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) COURT ORDER. An order from a court to reside at a
facility.
(2) FACILITY. Any halfway house; substance abuse
rehabilitation treatment facility; sober living facility; or
any other facility that is housing any resident who: (i) is
enrolled in the facility by court order; or (ii) is supervised
by the Calhoun County Community Punishment and Corrections
Authority, Inc.
(3) HALFWAY HOUSE. Any group residence designed to
facilitate individuals in their readjustment to private life
following their release from institutionalization.
Section 2. (a) The Calhoun County Commission, by
resolution, may regulate facilities in the county. The
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resolution, may regulate facilities in the county. The
governing body of a municipality, by resolution, may regulate
facilities in the municipality. The regulations may include,
but are not limited to:
(1) A permit requirement.
(2) Size requirements or limitations.
(3) Location requirements or limitations, including,
but not limited to, required minimum distances from other
specified locations.
(4) Limits on the number of tenants per room.
(b) Any resolution adopted pursuant to this section may
provide for a civil penalty of up to one thousand dollars
($1,000) to be assessed per day, per resident for each
violation.
(c) Any resolution adopted pursuant to this section
shall provide for notice and a hearing before the assessment
of penalties.
(d) Any resolution adopted pursuant to this section may
be enforced by the respective governing body by an action
against the owner of the facility in the Civil Division of the
Circuit Court of Calhoun County.
(e) Any resolution adopted pursuant to this section
shall prohibit a registered sex offender from residing in any
facility that houses any resident who is enrolled in the
facility by court order or who is supervised by the Calhoun
County Community Punishment and Corrections Authority, Inc.
Section 3. This act is repealed on June 1, 2025.
Section 4. This act shall become effective on June 1,
2024.
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2024.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Local Legislation
................11-Apr-24
Read for the second time and placed
on the calendar:
0 amendments
................25-Apr-24
Read for the third time and passed
as amended
Yeas 19
Nays 0
Abstains 82
................30-Apr-24
John Treadwell
Clerk
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