16 | 18 | | Relating to Calhoun County; to authorize the county |
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17 | 19 | | commission and the governing bodies of municipalities to |
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18 | 20 | | regulate halfway houses and other similar facilities; to |
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19 | 21 | | provide for enforcement; and to provide for repeal of the act. |
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20 | 22 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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21 | 23 | | Section 1. (a) For the purposes of this section, the |
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22 | 24 | | following terms have the following meanings: |
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23 | 25 | | (1) COURT ORDER. An order from a court requiring an |
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24 | 26 | | individual to reside at a facility. |
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25 | 27 | | (2) FACILITY. Any halfway house; substance abuse |
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26 | 28 | | rehabilitation treatment facility; sober living facility; or |
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27 | 29 | | any other facility that is housing any resident who: (i) is |
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28 | 30 | | enrolled in the facility by court order; or (ii) is supervised |
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29 | 31 | | by the Calhoun County Community Punishment and Corrections |
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30 | 32 | | Authority, Inc. |
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31 | 33 | | (3) HALFWAY HOUSE. Any group residence designed to |
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32 | 34 | | facilitate individuals in their readjustment to private life |
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33 | 35 | | following their release from institutionalization. |
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34 | 36 | | (b) The Calhoun County Commission, by resolution, may |
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35 | 37 | | regulate facilities in the county. The governing body of a |
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36 | | - | municipality, by resolution, may regulate facilities in the |
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37 | | - | municipality. The regulations may include, but are not limited |
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38 | | - | to: |
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39 | | - | (1) A permit requirement. |
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40 | | - | (2) Size requirements or limitations. |
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41 | | - | (3) Location requirements or limitations, including, |
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42 | | - | but not limited to, required minimum distances from other |
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72 | 74 | | but not limited to, required minimum distances from other |
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73 | 75 | | specified locations. |
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74 | 76 | | (4) Limits on the number of tenants per room. |
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75 | 77 | | (5) A civil penalty of up to one thousand dollars |
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76 | 78 | | ($1,000) to be assessed per day, per resident, for each |
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77 | 79 | | violation. Before the assessment of any penalties, the county |
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78 | 80 | | commission or governing body of the municipality shall provide |
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79 | 81 | | for notice and a hearing. |
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80 | 82 | | (c) Any resolution adopted pursuant to this section may |
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81 | 83 | | be enforced by the respective governing body by an action |
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82 | 84 | | against the owner of the facility in the Civil Division of the |
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83 | 85 | | Circuit Court of Calhoun County. |
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84 | 86 | | (d) Any resolution adopted pursuant to this section |
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85 | 87 | | shall prohibit a registered sex offender from residing in any |
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86 | 88 | | facility that houses any resident who is enrolled in the |
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87 | 89 | | facility by court order or who is supervised by the Calhoun |
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88 | 90 | | County Community Punishment and Corrections Authority, Inc. |
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89 | 91 | | Section 2. This act shall be repealed on June 1, 2028. |
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90 | 92 | | Section 3. This act shall become effective on June 1, |
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91 | 93 | | 2025. |
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