HB360INTRODUCED
Page 0
HB360
5TQD6MM-1
By Representatives Robertson, Hill, Stadthagen, Almond,
Gidley, Paramore, Butler, Rehm, Wood (D), Hammett, Rigsby,
Hulsey, Robbins, Colvin, Brinyark, Brown, Marques, Sorrells,
Lipscomb, Lovvorn, Simpson, Daniels, Rafferty, McCampbell,
Starnes, Underwood, Hurst, Fidler, Paschal, Smith, Wadsworth,
Stringer, Woods, Whorton, DuBose, Kiel, Wilcox, Kirkland,
Harrison, Morris, Crawford, Whitt, Jackson, Bedsole, Ingram,
Shaw, Gray, Hollis, Lands, Pringle, England, Chestnut, Clouse,
Estes, Faulkner, Givens, Blackshear, Collins, Stubbs,
Holk-Jones, Oliver, Yarbrough, Sellers, Hassell, Tillman,
Travis
RFD: Judiciary
First Read: 27-Feb-25
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15 5TQD6MM-1 02/21/2025 GP (L)lg 2025-729
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First Read: 27-Feb-25
SYNOPSIS:
Under existing law, the presiding judge of a
judicial circuit, with the approval of the district
attorney, may establish a drug court where drug
offenders may receive treatment in addition to, or in
place of, conventional incarceration.
This bill would change the name of "drug courts"
to "accountability courts" and would expand the scope
of whom the court would serve to include offenders with
mental illness and offenders who are veterans.
This bill would also require the Administrative
Office of the Courts to adopt policies and procedures
relating to the use and implementation of
accountability courts.
A BILL
TO BE ENTITLED
AN ACT
Relating to courts; to amend Sections 12-23A-1,
12-23A-2, 12-23A-3, 12-23A-4, 12-23A-5, 12-23A-6, 12-23A-8,
12-23A-9, 12-23A-10, 12-23A-11, 12-23A-12, and 12-23A-13, Code
of Alabama 1975, to rename "drug courts" to "accountability
courts" and to expand the scope of whom accountability courts
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courts" and to expand the scope of whom accountability courts
would serve to include offenders with mental illness and
offenders who are veterans; to further provide for the duties
of the Administrative Office of the Courts; and to repeal
Section 12-23A-7, Code of Alabama 1975, relating to drug
testing procedures.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-23A-1, 12-23A-2, 12-23A-3,
12-23A-4, 12-23A-5, 12-23A-6, 12-23A-8, 12-23A-9, 12-23A-10,
12-23A-11, 12-23A-12, and 12-23A-13, Code of Alabama 1975, are
amended to read as follows:
"§12-23A-1
This chapter shall be known and may be cited as the
Alabama Drug Offender Accountability Act."
"§12-23A-2
As used in this chapter, the following words shall have
the following meanings:
(1) ADVISORY COMMITTEE. A local committee which may
consist of the following members or their designees:
a. The drug court judge, who shall serve as chair.
b. The district attorney.
c. The public defender or a member of the criminal
defense bar.
d. The drug court coordinator.
e. The court clerk.
f. A community corrections or court referral officer,
or both.
g. A pretrial services provider.
h. A law enforcement officer.
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h. A law enforcement officer.
i. Substance abuse treatment providers.
j. Any other person the chair deems appropriate.
(2) ASSESSMENT. A diagnostic evaluation for placement
in a treatment program which shall be performed in accordance
with criteria certified by the Department of Mental Health,
Substance Abuse Services Division.
(3) CHARGE. As defined in Section 12-25-32(13).
(4) CONTINUUM OF CARE. A seamless and coordinated
course of substance abuse education and treatment or other
evidence based programs designed to meet the needs of drug
offenders who are: (i) veterans; (ii) in need of substance
abuse services; or (iii) in need of mental health services as
they move through the criminal justice system and beyond,
maximizing self-sufficiency.
(5) CO-OCCURRING. A substance abuse and mental health
disorder.
(6) DRUG(10) SUBSTANCE. Includes all of the following:
a. A controlled substance, drug, or other substance for
which a medical prescription or other legal authorization is
required for purchase or possession.
b. A drug whose manufacture, sale, use, or possession
is forbidden by law.
c. Other harmful substance, a misused substance
otherwise legal to possess, including alcohol.
(7) DRUG(1) ACCOUNTABILITY COURT. A judicial
intervention program for drug offenders including, but not
limited to, those who are: (i) veterans; (ii) in need of
substance abuse services; or (iii) in need of mental health
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substance abuse services; or (iii) in need of mental health
services, in the criminal division of the circuit or district
court that incorporates the ten key components as enumerated
in subsection (f) of Section 12-23A-4 the evidence based
programs as set forth in the policies and procedures adopted
by AOC, and may include any of the following:
a. Pre-adjudication. A drug offender is ordered to
participateParticipation in drugaccountability court before
acceptance of a plea of guilty or conviction.
b. Post-adjudication. A drug offender is ordered to
participateParticipation in drugaccountability court after
entering a plea of guilty or having been found guilty.
c. Reentry. A drug offender is ordered to
participateParticipation in drugaccountability court upon
release from a sentence of incarceration.
d. Combination program. May includeIncludes
pre-adjudication, post-adjudication, and/orand reentry.
(8) DRUG COURT COORDINATOR. An individual who is
responsible for coordinating the establishment, staffing,
operation, evaluation, and integrity of the drug court.
(9) DRUG(2) ACCOUNTABILITY COURT TEAM. Consists of all
of the following members Members who are assigned to the
drugaccountability court as set forth in the policies and
procedures adopted by AOC. :
a. The drug court judge.
b. The district attorney or his or her designee.
c. The public defender or a member of the criminal
defense bar.
d. A law enforcement officer.
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d. A law enforcement officer.
e. The drug court coordinator.
f. A representative from community corrections, court
referral program, or the Board of Pardons and Paroles.
g. Any other persons selected by the drug court team.
(10) DRUG(7) OFFENDER. A personAn individual charged
with or convicted of : (i) a drug-related offense or; (ii) an
offense in which substance abuse is determined from the
evidence to have been a significant factor in the commission
of the offense; or (iii) an offense in which mental illness is
determined from the evidence to have been a significant factor
in the commission of the offense, or a veteran for whom
substance abuse or mental illness is determined from the
evidence to have been a significant factor in the commission
of the offense, and who has applied for or been accepted to
participate in a drugan accountability court program for drug
offenders in the criminal division of the circuit or district
court.
(11)(6) MEMORANDUM OF UNDERSTANDING. A written document
setting forth an agreed upon procedure.
(12) RECIDIVISM. A subsequent conviction or plea of
nolo contendere in this or any other state or federal court of
the United States within three years of successful completion
of, or termination from, drug court for any offense carrying a
sentence of one year or more.
(13)(8) RELAPSE. A return to substance use after a
period of abstinence from substance abuse or the recurrence of
a prior mental illness by an offender .
(14) SCREENING. The process of gathering basic
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(14) SCREENING. The process of gathering basic
information to determine whether the offender meets
established drug court eligibility criteria and shall include,
but is not limited to, the current charge, a substance abuse
evaluation, a brief questionnaire to determine if a risk or
needs assessment is needed, and drug testing, and may include,
but is not limited to, a substance abuse evaluation, risk
assessment, or needs assessment.
(15)(9) SPLIT SENTENCING. A sentence whichthat includes
a period of incarceration followed by a period of probation.
(16) STAFFING. The meeting before an appearance of a
drug offender in drug court in which the drug court team
discusses a coordinated response to the drug offender's
behavior.
(17) SUBSTANCE. Drug as defined in subdivision (6).
(18)(11) SUBSTANCE ABUSE. The illegal or improper
consumption of a drug.
(19) SUBSTANCE ABUSE (12) TREATMENT. The application of
an evidence based program professionally planned, managed,
administered, and monitored procedures for the purpose of
alleviating, minimizing, and stabilizing the effect of
substance-related disorders substance abuse or mental illness
and restoring impaired functionality.
(20)(13) VIOLENT OFFENSE OR CHARGE. As defined in
Section 12-25-32 (13).
(3) AOC. The Administrative Office of Courts. "
"§12-23A-3
(a) The Legislature recognizes that a critical need
exists in this state for the criminal justice system to more
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exists in this state for the criminal justice system to more
effectively address the number of defendants who are involved
with offenders who have a substance abuse or
addictiondisorder, who suffer from mental illness, or who
suffer from a condition related to a veteran's mental illness
or substance abuse . For the criminal justice system to
maintain credibility, court and community alternatives for the
substance abuse and addiction involved defendant must be
expanded. A growing body of research demonstrates the impact
of substance abuse on public safety, personal health, and
health care costs, the spread of communicable disease,
educational performance and attainment, work force reliability
and productivity, family safety, and financial stability.
Requiring accountability and effective treatment, in addition
to, or in place of, conventional and expensive incarceration ,
will promote public safety, promote the welfare of the
individuals involved, reduce the burden upon the State
Treasury, and benefit the common welfare of this state. The
goals of this chapter are to do all of the following:
(1) Enhance community safety and quality of life for
citizens.
(2) Reduce recidivism.
(3) Reduce substance abuse Hold offenders accountable
for their criminal behavior .
(4) Increase the personal, familial, and societal
accountability of drug offenders.
(5) Restore drug offenders to productive, law-abiding,
and taxpaying citizens.
(5)(6) Promote effective interaction and use of
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(5)(6) Promote effective interaction and use of
resources among criminal justice and community agencies.
(6)(7) Reduce the costs of incarceration.
(7)(8) Improve the efficiency of the criminal justice
system by enacting an effective methodology .
(b) As a general proposition, all drug offenders should
receive timely eligibility screening and, where indicated,
assessment and the appropriate level of treatment. The
criminal justice system should be used constructively to
motivate drug offenders to accept treatment and engage in the
treatment process."
"§12-23A-4
(a)(1) The presiding judge of each judicial circuit ,
with the consent of the district attorney of that judicial
circuit, may establish a drugan accountability court or
courts, under which drug offenders shall be processed, to
appropriately address the identified substance abuse problem
disorder, mental illness, or other issue of the drug offender
as a condition of pretrial release, pretrial diversion,
probation, jail, prison, parole, community corrections, or
other release or diversion from a correctional facility. The
structure, method, and operation of each drugaccountability
court may differ and should be based upon the specific needs
of and resources available to the judicial district or circuit
where the drugaccountability court is located, but shall be
created and operate pursuant to this chapter and in compliance
with rules promulgated policies and procedures adopted by the
Alabama Supreme Court.
(2) Nothing in this chapter shall affect the authority
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(2) Nothing in this chapter shall affect the authority
of the district attorney to establish a deferred prosecution
program or a pretrial diversion program within his or her
judicial circuit or affect his or her ability to nolle prosse
a particular case. Notwithstanding the foregoing, all drug
courts shall comply with this chapter and rules promulgated by
the Alabama Supreme Court.
(b) Participation of an offender in an accountability
drug court shall require the consent of the district attorney
and the court and shall be pursuant to a written agreement. A
drugAn offender may participate in a pre-adjudication,
post-adjudication, reentry, probation violation, or
combination program.
(c) The court may grant reasonable incentives under the
written agreement if the court finds that the drug offender:
(1) Is performing satisfactorily in drug court.
(2) Is benefiting from education, treatment, and
rehabilitation.
(3) Has not engaged in criminal conduct.
(4) Has not violated the terms and conditions of the
agreement.
(d) The court may impose reasonable sanctions under the
written agreement or may incarcerate or expel the offender
from the program if the court finds that the drug offender:
(1) Is not performing satisfactorily in drug court.
(2) Is not benefiting from education, treatment, or
rehabilitation.
(3) Has engaged in conduct rendering him or her
unsuitable for the program.
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unsuitable for the program.
(4) Has otherwise violated the terms and conditions of
the agreement.
(5) Is for any reason unable to participate.
(e)(c) Upon successful completion of drugan
accountability court, a drug offender's case shall be disposed
of by the judge in the manner prescribed by the agreement and
by the applicable policies and procedures adopted by the
drugaccountability court. This may include, but is not limited
to, withholding criminal charges, nolle prosse of charges
recommended by the district attorney, probation, deferred
sentencing, suspended sentencing, split sentencing, or a
reduced period of incarceration. Records of all such
dispositions shall be maintained and be available to judges
and prosecutors statewide. This provision shallsubsection does
not authorize the disclosure of youthful offender or juvenile
records to the general public.
(f) Drug courts shall include all of the following ten
key components, as defined by the United States Department of
Justice, and the drug court team shall act to ensure
compliance with each of the components:
(1) Integration of drug, alcohol, and other drug
treatment or educational services with justice system case
processing.
(2) Use of a non-adversarial approach, with prosecution
and defense counsel promoting public safety while protecting
the due process rights of drug offenders participating in the
program.
(3) Early identification of drug offenders eligible to
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(3) Early identification of drug offenders eligible to
participate and prompt placement in the drug court program.
(4) Access to a continuum of alcohol, drug, and other
related treatment and rehabilitation services.
(5) Monitoring of abstinence by frequent alcohol and
other drug testing.
(6) Adoption and implementation of a coordinated
strategy which governs drug court responses to the compliance
of drug offenders participating in the program.
(7) Ongoing judicial interaction with each drug court
of drug offenders participating in the program.
(8) Monitoring and evaluation to measure the
achievement of program goals and gauge effectiveness.
(9) Continuing interdisciplinary education to promote
effective drug court planning, implementation, and operations.
(10) Forging partnerships among drug courts, public
agencies, and community-based organizations to generate local
support and enhance drug court effectiveness.
(g) Cases handled pursuant to this chapter shall be
calendared on dedicated dockets, set aside from other criminal
cases.
(h) Each local jurisdiction that intends to establish a
drug court, or continue the operation of an existing drug
court, shall establish a local drug court team and may also
establish a local drug court advisory committee.
(i) The drug court team, when practicable, shall
conduct a staff meeting prior to each drug court session to
discuss and provide updated information regarding drug
offenders. After determining their progress, or lack thereof,
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offenders. After determining their progress, or lack thereof,
the drug court team shall agree on the appropriate incentive
or sanction to be applied. If the drug court team cannot agree
on the appropriate action, the court shall make the decision
based on information presented in the staff meeting. Nothing
in this chapter shall prohibit the authority of the district
attorney to file a petition to remove the drug offender from
the drug court program for good cause shown.
(j)(d) Nothing contained in this chapter shall confer a
right, or an expectation of a right, to participate in drug an
accountability court, nor does it obligate the drug
accountability court to accept every drug offender. Neither
the establishment of any drug accountability court nor
anything in this chapter shall be construed as limiting the
discretion of the district attorney. Each drug accountability
court judge may establish rules and may make special orders
and rules, as necessary, that do not conflict with this
chapter or rules promulgated policies and procedures adopted
by AOCthe Alabama Supreme Court .
(k) A drug court coordinator shall be responsible for
the general administration of drug court.
(l)(e) Any agency charged with supervising a drug an
offender under drug accountability court jurisdiction shall
timely forward information to the drug accountability court
concerning the progress and compliance of the drug offender
with any court imposed terms and conditions."
"§12-23A-5
(a) Any drug offender subject to this chapter who posts
bail shall submit to random observed drug tests as a condition
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bail shall submit to random observed drug tests as a condition
of pretrial release.
(b) A drug offender shall be required to undergo a
screening under any of the following conditions:
(1) The results of a drug test are positive.
(2) The drug offender requests a screening.
(3) The drug offender admits to substance use or abuse
within the year preceding the arrest for the present charge.
(4) The present charge involves a violation of the
controlled substances or impaired driving statutes.
(5) The drug offender, within the previous five years,
has been convicted in any state or federal court involving a
violation described in subsection (b)(1), (b)(3), or (b)(4).
(6) The drug offender refuses to undergo a drug test as
required by this chapter.
(c) Notwithstanding the requirements of subsection (a),
the court shall order a drug offender to undergo a screening
if the court has reason to believe the drug offender is a
substance abuser or would otherwise benefit from undergoing a
screening.
(d) If a drug offender is ordered to undergo a
screening and has not done so at the time of his or her
release prior to trial or probation, submission to a screening
shall be a condition of his or her pretrial release or
probation.
(e) Unless otherwise ordered by the court, the drug
test results and screening of a drug offender shall be
provided as soon as practical after the initial appearance of
the drug offender before the drug court team, or other
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the drug offender before the drug court team, or other
appropriate authority in the case of an inmate.
(f) The screening shall include recommendations
concerning the drug offender's need for a needs or risk
assessment.
(g)(a) Anyone receiving drug or substance test results,
a screening, an assessment, or other personal medical
information shall maintain that information in accordance with
federal and state confidentiality laws.
(h) A court shall immediately consider ordering a drug
offender to participate in drug court if all of the following
apply:
(1) A screening reveals that a drug offender is a
substance abuser, and the court recommends that the drug
offender participate in drug court.
(2) The court has reason to believe that participation
in drug court will benefit the drug offender by addressing his
or her substance abuse.
(3) The district attorney consents to the participation
of the drug offender in the program.
(4) The case of the drug offender is handled pursuant
to subsection (b) of Section 12-23A-4.
(b) An(i) A drug offender shall not be eligible for
admission into a drug an accountability court program if any
of the following applies :
(1) The drug offender has a pending violent criminal
charge against him or her or any felony charge in which a
firearm or deadly weapon or dangerous instrument was used .;
(2) The drug offender has been convicted of a violent
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(2) The drug offender has been convicted of a violent
felony offense or any felony in which a firearm or deadly
weapon or dangerous instrument was used or adjudicated as a
youthful offender or delinquent as a juvenile of a violent
felony offense or any felony in which a firearm or deadly
weapon or dangerous instrument was used .;
(3) The drug offender is required to register as a sex
offender or currently charged with a felony sex offense .; or
(4) The drug offender is charged with distribution,
manufacturing, or trafficking of a controlled substance.
(c)(j) Eligible offenses may be further restricted by
the rules of a specific local drug accountability court
program.
(d)(k) The Commissioner of the Department of
Corrections shall develop criteria regarding the evaluation
and eligibility of an inmate for early release into a reentry
drug accountability court program consistent with the
requirements of subsection (b) (i)."
"§12-23A-6
(a) As part of the assessment, each jurisdiction shall
establish a system to ensure that drug offenders are placed
into a substance abuse treatment program approved by the
Department of Mental Health. To accomplish this, the entity
conducting the assessment should make specific recommendations
to the drug court team regarding the level of treatment
program and duration necessary so that the individualized
needs of a drug offender may be addressed. These assessments
and resulting recommendations shall be performed by a
certified or licensed alcohol and drug professional in
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certified or licensed alcohol and drug professional in
accordance with the criteria certified by the Department of
Mental Health, Substance Abuse Services Division. Treatment
recommendations accepted by the court, pursuant to this
chapter, shall be deemed to be reasonable and necessary.
(b) An adequate continuum of care for drug offenders
shall be established in response to this chapter.
(a)(c) The drug accountability court, when practicable,
shall ensure that no agency provide both assessment and
treatment services for a drug an accountability court to avoid
potential conflicts of interest or the appearance that a given
assessment agency might benefit by determining that an
offender is in need of the particular form of treatment that
the assessor provides.
(b) An accountability (d) A drug court making a referral
for substance abuse treatment shall may refer the drug
offender to a program that is certified by the Department of
Mental Health, Substance Abuse Services Division .
(c)(e) The court shall determine which treatment
programs are authorized to provide the recommended treatment
to a drug an offender. The relationship between the treatment
program and the accountability court should be governed by a
memorandum of understanding, which should include the timely
reporting of the progress or lack thereof of the drug offender
to the drug accountability court.
(d)(f) Appropriate services for mental health treatment
should be made available by the Department of Mental Health,
where practicable , recognizing that a drug offender is
frequently co-occurring.
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frequently co-occurring.
(g) Recognizing that appropriate levels of substance
abuse treatment, including appropriate length of stay, impact
success, the drug court team may require assessments that
determine the appropriate level of care and refer to programs
certified by the Department of Mental Health for the provision
of the indicated treatment ."
"§12-23A-8
Any drug accountability court in this state may
transfer to or accept transfer from any other drug
accountability court in this state , as well as and any drug
accountability court, or similar court in any other state
which is a part of the Interstate Compact for Adult Offender
Supervision, any drug offender for admission into the
respective drug accountability court program based upon the
residence of the drug offender. All terms and conditions of
the transfer and supervision shall be clearly stated, in
writing, and shall not be valid unless agreed to, in writing,
by all of the following:
(1) The drug offender.
(2) The defense attorney.
(3) The judge and prosecutor of the transferring drug
court.
(4) The judge and prosecutor of the receiving drug
court."
"§12-23A-9
(a) The Administrative Office of Courts , hereinafter
AOC, shall assist inadopt policies and procedures regarding
best practices in the planning, implementation, and
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best practices in the planning, implementation, and
development of drugaccountability courts statewide. AOC shall
make recommendations to the Alabama Supreme Court and the
Chief Justice concerning the legal, policy, and procedural
issues confronting the drug courts in the state. Nothing in
this section shall impede the constitutional authority of the
district attorney.
(b) AOC shall provide state-level coordination and
support for drugaccountability court judges and their programs
and operate as a liaison between drugaccountability court
judges and other state-level agencies providing services to or
benefittingbenefiting from drugaccountability court programs.
(c) The Administrative Director of Courts shall make
recommendations to the Chief Justice of the Alabama Supreme
Court concerning criteria for eligibility, the promulgation of
procedural rules, the establishment of guidelines for
operation, and adoption of standards and protocols for the
various drug courts of this state. All rules, guidelines,
standards, and protocols shall periodically be reviewed and
revised.
(d) AOC shall identify existing resources for
assessment and treatment and make recommendations for the
allocation of those resources; explore grants and funds
necessary to support drug courts; promote and provide annual
training and technical assistance for all drug court judges
and criminal justice personnel involved in drug courts, as
well as education for the public about the effectiveness of
drug court; and establish evaluation criteria and procedures,
including tracking the status of drug offenders after
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including tracking the status of drug offenders after
concluding drug court. The critical performance measures to be
collected shall include those set forth in subsection (a) of
Section 12-23A-10.
(e) The local drug court team or advisory committee, or
both, shall ensure the provision of a full continuum of care
for drug offenders.
(f) The presiding judge of each circuit shall report to
AOC by the fifteenth day of January of each year. The report
shall include all of the following:
(1) A description of the drug court operating within
the jurisdiction.
(2) The name of the participating judge or judges.
(3) Community involvement.
(4) Education and training.
(5) Use of existing resources.
(6) Collaborative efforts.
(7) An evaluation of the critical data elements
required by subsection (a) of Section 12-23A-10.
(g)(c) The Administrative Director of Courts shall
provide a statewide report each year during the regular
legislative session to the Alabama Supreme Court, Legislature,
and Governor regarding the need for, and implementation of,
this chapter. The report shall include a synopsis of such
information or data necessary to determine the impact,
utility, and cost-effectiveness of its implementation and
ongoing operation."
"§12-23A-10
(a) A drug court shall collect and maintain the
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(a) A drug court shall collect and maintain the
following information for each drug offender that is
considered for admission or admitted into drug court:
(1) Prior criminal history.
(2) Prior substance abuse treatment history, including
information on the success or failure of the drug offender in
those programs.
(3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status,
and any child custody and support obligations.
(5)a. Instances of recidivism occurring after
successful completion of drug court. Recidivism shall be
measured at a period of three years after successful
graduation.
b. Instances of recidivism occurring after a drug
offender's termination in drug court for a period of three
years from release into the community.
(6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into
the program.
(7) The number of drug offenders screened for
eligibility, the number of eligible drug offenders who were
and were not admitted into drug court, the reasons for
non-admission for those drug offenders not admitted into drug
court, and the case disposition for each drug offender
admitted into drug court.
(8) The cost of operation and sources of funding for
each drug court.
(b) A drug offender subject to this chapter may be
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(b) A drug offender subject to this chapter may be
required, as a condition of pretrial release, probation,
diversion, parole, or community corrections to provide the
information in subsection (a). The collection and maintenance
of this information shall be collected in a standardized
format according to applicable guidelines.
(a)(c) To protect the privacy of a drugan offender in
accordance with federal and state confidentiality laws,
treatment records shall be kept in a secure environment,
separated from the court records to which the public has
access.
(d) All drug court personnel shall be trained in
accordance with subsection (d) of Section 12-23A-9.
(e) Evaluations shall be conducted in accordance with
subsection (a).
(b)(f) The drug offender shall be responsible for all
fees, court costs, and restitution associated with the terms
of release of the offender, supervision, treatment, and
successful completion in drug an accountability court, unless
the offender is determined to be indigent, in which event
suchthe fees may be waived in whole or in part. Determination
of indigency shall be subject to continuing review by the
accountability court. All such fees, which do not include
regular court costs normally collected by the clerk of court,
shall be collected and accounted for by the drugaccountability
court or other entity designated by the drug court team, in
accordance with generally accepted uniform accounting
principles, which shall be subject to approval by the Chief
Examiner of the Department of Examiners of Public Accounts .
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Examiner of the Department of Examiners of Public Accounts .
Drug Accountability courts shall establish and maintain a
uniform accounting system.
(c)(g) The annual reports and all records of accounts
and financial records of all funds received from fees or by
grant, contract, or otherwise from state, local, or federal
sources, shallmay be subject to audit annually by the Chief
Examiner of the Department of Examiners of Public Accounts.
The audit may be performed by a licensed independent certified
public accountant approved by the Chief Examiner of the
Department of Examiners of Public Accounts .
(d)(h) All audits shall be completed as soon as
practicable after the end of the fiscal year . One copy of each
audit shall be furnished to the presiding circuit judge, the
district attorney, the Administrative Director of Courts, and
the Chief Examiner of the Department of Examiners of Public
Accounts. Copies of each audit shall also be made available to
the press The audit report shall be considered a public
writing."
"§12-23A-11
(a) Absent negligence, wantonness, recklessness, or
deliberate misconduct, any individual who, in good faith,
provides services pursuant to this chapter , shall not be
liable in any civil action. The grant of immunity provided for
in this subsection shall extend to all employees,
administrative personnel , substance abuse and mental illness
professionals, and drugaccountability court team members, as
well as volunteers.
(b) Any qualified person individual who obtains, in a
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(b) Any qualified person individual who obtains, in a
medically accepted manner, a specimen of breath, blood, urine,
or other bodily substance pursuant to this chapter shall not
be liable in any civil action."
"§12-23A-12
Nothing in this chapter shall be construed to require a
county commission or any county employee to participate in or
fund in whole or in part the development or operation of a
drugan accountability court program authorized in this
chapter."
"§12-23A-13
A holder of a commercial driver'sdriver license, a
commercial driver learner'slearner permit holder, andor any
other operator of a commercial motor vehicle that is subject
to Part 383 of the Federal Motor Carrier Safety Regulations
shall be ineligible to participate in any drugaccountability
court program."
Section 2. Section 12-23A-7, Code of Alabama 1975,
relating to drug testing procedures, is repealed.
Section 3. This act shall become effective on October
1, 2025.
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