Alabama 2025 Regular Session

Alabama House Bill HB360 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	HB360INTRODUCED
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3	3		HB360
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	4	+	5TQD6MM-1
5	5		By Representatives Robertson, Hill, Stadthagen, Almond,
6	6		Gidley, Paramore, Butler, Rehm, Wood (D), Hammett, Rigsby,
7	7		Hulsey, Robbins, Colvin, Brinyark, Brown, Marques, Sorrells,
8	8		Lipscomb, Lovvorn, Simpson, Daniels, Rafferty, McCampbell,
9	9		Starnes, Underwood, Hurst, Fidler, Paschal, Smith, Wadsworth,
10	10		Stringer, Woods, Whorton, DuBose, Kiel, Wilcox, Kirkland,
11	11		Harrison, Morris, Crawford, Whitt, Jackson, Bedsole, Ingram,
12	12		Shaw, Gray, Hollis, Lands, Pringle, England, Chestnut, Clouse,
13	13		Estes, Faulkner, Givens, Blackshear, Collins, Stubbs,
14	14		Holk-Jones, Oliver, Yarbrough, Sellers, Hassell, Tillman,
15	15		Travis
16	16		RFD: Judiciary
17	17		First Read: 27-Feb-25
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32		-	15 ~~HB360 Engrossed~~
	32	+	15 5TQD6MM-1 02/21/2025 GP (L)lg 2025-729
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34	34		First Read: 27-Feb-25
	35	+	SYNOPSIS:
	36	+	Under existing law, the presiding judge of a
	37	+	judicial circuit, with the approval of the district
	38	+	attorney, may establish a drug court where drug
	39	+	offenders may receive treatment in addition to, or in
	40	+	place of, conventional incarceration.
	41	+	This bill would change the name of "drug courts"
	42	+	to "accountability courts" and would expand the scope
	43	+	of whom the court would serve to include offenders with
	44	+	mental illness and offenders who are veterans.
	45	+	This bill would also require the Administrative
	46	+	Office of the Courts to adopt policies and procedures
	47	+	relating to the use and implementation of
	48	+	accountability courts.
35	49		A BILL
36	50		TO BE ENTITLED
37	51		AN ACT
38	52		Relating to courts; to amend Sections 12-23A-1,
39	53		12-23A-2, 12-23A-3, 12-23A-4, 12-23A-5, 12-23A-6, 12-23A-8,
40	54		12-23A-9, 12-23A-10, 12-23A-11, 12-23A-12, and 12-23A-13, Code
41	55		of Alabama 1975, to rename "drug courts" to "accountability
42	56		courts" and to expand the scope of whom accountability courts
43		-	would serve to include offenders with mental illness and
44		-	offenders who are veterans; to further provide for the duties
45		-	of the Administrative Office of the Courts; and to repeal
46		-	Section 12-23A-7, Code of Alabama 1975, relating to drug
47		-	testing procedures.
48		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
49		-	Section 1. Sections 12-23A-1, 12-23A-2, 12-23A-3,
50		-	12-23A-4, 12-23A-5, 12-23A-6, 12-23A-8, 12-23A-9, 12-23A-10,
51		-	12-23A-11, 12-23A-12, and 12-23A-13, Code of Alabama 1975, are
52		-	amended to read as follows:
53		-	"§12-23A-1
54		-	This chapter shall be known and may be cited as the
55		-	Alabama Drug Offender Accountability Act."
56		-	"§12-23A-2
57		-	As used in this chapter, the following words shall have
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	86	+	courts" and to expand the scope of whom accountability courts
	87	+	would serve to include offenders with mental illness and
	88	+	offenders who are veterans; to further provide for the duties
	89	+	of the Administrative Office of the Courts; and to repeal
	90	+	Section 12-23A-7, Code of Alabama 1975, relating to drug
	91	+	testing procedures.
	92	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	93	+	Section 1. Sections 12-23A-1, 12-23A-2, 12-23A-3,
	94	+	12-23A-4, 12-23A-5, 12-23A-6, 12-23A-8, 12-23A-9, 12-23A-10,
	95	+	12-23A-11, 12-23A-12, and 12-23A-13, Code of Alabama 1975, are
	96	+	amended to read as follows:
	97	+	"§12-23A-1
	98	+	This chapter shall be known and may be cited as the
	99	+	Alabama Drug Offender Accountability Act."
	100	+	"§12-23A-2
87	101		As used in this chapter, the following words shall have
88	102		the following meanings:
89	103		(1) ADVISORY COMMITTEE. A local committee which may
90	104		consist of the following members or their designees:
91	105		a. The drug court judge, who shall serve as chair.
92	106		b. The district attorney.
93	107		c. The public defender or a member of the criminal
94	108		defense bar.
95	109		d. The drug court coordinator.
96	110		e. The court clerk.
97	111		f. A community corrections or court referral officer,
98	112		or both.
99	113		g. A pretrial services provider.
100	114		h. A law enforcement officer.
101		-	i. Substance abuse treatment providers.
102		-	j. Any other person the chair deems appropriate.
103		-	(2) ASSESSMENT. A diagnostic evaluation for placement
104		-	in a treatment program which shall be performed in accordance
105		-	with criteria certified by the Department of Mental Health,
106		-	Substance Abuse Services Division.
107		-	(3) CHARGE. As defined in Section 12-25-32(13).
108		-	(4) CONTINUUM OF CARE. A seamless and coordinated
109		-	course of substance abuse education and treatment or other
110		-	evidence based programs designed to meet the needs of drug
111		-	offenders who are: (i) veterans; (ii) in need of substance
112		-	abuse services; or (iii) in need of mental health services as
113		-	they move through the criminal justice system and beyond,
114		-	maximizing self-sufficiency.
115		-	(5) CO-OCCURRING. A substance abuse and mental health
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	144	+	h. A law enforcement officer.
	145	+	i. Substance abuse treatment providers.
	146	+	j. Any other person the chair deems appropriate.
	147	+	(2) ASSESSMENT. A diagnostic evaluation for placement
	148	+	in a treatment program which shall be performed in accordance
	149	+	with criteria certified by the Department of Mental Health,
	150	+	Substance Abuse Services Division.
	151	+	(3) CHARGE. As defined in Section 12-25-32(13).
	152	+	(4) CONTINUUM OF CARE. A seamless and coordinated
	153	+	course of substance abuse education and treatment or other
	154	+	evidence based programs designed to meet the needs of drug
	155	+	offenders who are: (i) veterans; (ii) in need of substance
	156	+	abuse services; or (iii) in need of mental health services as
	157	+	they move through the criminal justice system and beyond,
	158	+	maximizing self-sufficiency.
145	159		(5) CO-OCCURRING. A substance abuse and mental health
146	160		disorder.
147	161		(6) DRUG(10) SUBSTANCE. Includes all of the following:
148	162		a. A controlled substance, drug, or other substance for
149	163		which a medical prescription or other legal authorization is
150	164		required for purchase or possession.
151	165		b. A drug whose manufacture, sale, use, or possession
152	166		is forbidden by law.
153	167		c. Other harmful substance, a misused substance
154	168		otherwise legal to possess, including alcohol.
155	169		(7) DRUG(1) ACCOUNTABILITY COURT. A judicial
156	170		intervention program for drug offenders including, but not
157	171		limited to, those who are: (i) veterans; (ii) in need of
158	172		substance abuse services; or (iii) in need of mental health
159		-	services, in the criminal division of the circuit or district
160		-	court that incorporates the ten key components as enumerated
161		-	in subsection (f) of Section 12-23A-4 the evidence based
162		-	programs as set forth in the policies and procedures adopted
163		-	by AOC, and may include any of the following:
164		-	a. Pre-adjudication. A drug offender is ordered to
165		-	participateParticipation in drugaccountability court before
166		-	acceptance of a plea of guilty or conviction.
167		-	b. Post-adjudication. A drug offender is ordered to
168		-	participateParticipation in drugaccountability court after
169		-	entering a plea of guilty or having been found guilty.
170		-	c. Reentry. A drug offender is ordered to
171		-	participateParticipation in drugaccountability court upon
172		-	release from a sentence of incarceration.
173		-	d. Combination program. May includeIncludes
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	202	+	substance abuse services; or (iii) in need of mental health
	203	+	services, in the criminal division of the circuit or district
	204	+	court that incorporates the ten key components as enumerated
	205	+	in subsection (f) of Section 12-23A-4 the evidence based
	206	+	programs as set forth in the policies and procedures adopted
	207	+	by AOC, and may include any of the following:
	208	+	a. Pre-adjudication. A drug offender is ordered to
	209	+	participateParticipation in drugaccountability court before
	210	+	acceptance of a plea of guilty or conviction.
	211	+	b. Post-adjudication. A drug offender is ordered to
	212	+	participateParticipation in drugaccountability court after
	213	+	entering a plea of guilty or having been found guilty.
	214	+	c. Reentry. A drug offender is ordered to
	215	+	participateParticipation in drugaccountability court upon
	216	+	release from a sentence of incarceration.
203	217		d. Combination program. May includeIncludes
204	218		pre-adjudication, post-adjudication, and/orand reentry.
205	219		(8) DRUG COURT COORDINATOR. An individual who is
206	220		responsible for coordinating the establishment, staffing,
207	221		operation, evaluation, and integrity of the drug court.
208	222		(9) DRUG(2) ACCOUNTABILITY COURT TEAM. Consists of all
209	223		of the following members Members who are assigned to the
210	224		drugaccountability court as set forth in the policies and
211	225		procedures adopted by AOC. :
212	226		a. The drug court judge.
213	227		b. The district attorney or his or her designee.
214	228		c. The public defender or a member of the criminal
215	229		defense bar.
216	230		d. A law enforcement officer.
217		-	e. The drug court coordinator.
218		-	f. A representative from community corrections, court
219		-	referral program, or the Board of Pardons and Paroles.
220		-	g. Any other persons selected by the drug court team.
221		-	(10) DRUG(7) OFFENDER. A personAn individual charged
222		-	with or convicted of : (i) a drug-related offense or; (ii) an
223		-	offense in which substance abuse is determined from the
224		-	evidence to have been a significant factor in the commission
225		-	of the offense; or (iii) an offense in which mental illness is
226		-	determined from the evidence to have been a significant factor
227		-	in the commission of the offense, or a veteran for whom
228		-	substance abuse or mental illness is determined from the
229		-	evidence to have been a significant factor in the commission
230		-	of the offense, and who has applied for or been accepted to
231		-	participate in a drugan accountability court program for drug
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	260	+	d. A law enforcement officer.
	261	+	e. The drug court coordinator.
	262	+	f. A representative from community corrections, court
	263	+	referral program, or the Board of Pardons and Paroles.
	264	+	g. Any other persons selected by the drug court team.
	265	+	(10) DRUG(7) OFFENDER. A personAn individual charged
	266	+	with or convicted of : (i) a drug-related offense or; (ii) an
	267	+	offense in which substance abuse is determined from the
	268	+	evidence to have been a significant factor in the commission
	269	+	of the offense; or (iii) an offense in which mental illness is
	270	+	determined from the evidence to have been a significant factor
	271	+	in the commission of the offense, or a veteran for whom
	272	+	substance abuse or mental illness is determined from the
	273	+	evidence to have been a significant factor in the commission
	274	+	of the offense, and who has applied for or been accepted to
261	275		participate in a drugan accountability court program for drug
262	276		offenders in the criminal division of the circuit or district
263	277		court.
264	278		(11)(6) MEMORANDUM OF UNDERSTANDING. A written document
265	279		setting forth an agreed upon procedure.
266	280		(12) RECIDIVISM. A subsequent conviction or plea of
267	281		nolo contendere in this or any other state or federal court of
268	282		the United States within three years of successful completion
269	283		of, or termination from, drug court for any offense carrying a
270	284		sentence of one year or more.
271	285		(13)(8) RELAPSE. A return to substance use after a
272	286		period of abstinence from substance abuse or the recurrence of
273	287		a prior mental illness by an offender .
274	288		(14) SCREENING. The process of gathering basic
275		-	information to determine whether the offender meets
276		-	established drug court eligibility criteria and shall include,
277		-	but is not limited to, the current charge, a substance abuse
278		-	evaluation, a brief questionnaire to determine if a risk or
279		-	needs assessment is needed, and drug testing, and may include,
280		-	but is not limited to, a substance abuse evaluation, risk
281		-	assessment, or needs assessment.
282		-	(15)(9) SPLIT SENTENCING. A sentence whichthat includes
283		-	a period of incarceration followed by a period of probation.
284		-	(16) STAFFING. The meeting before an appearance of a
285		-	drug offender in drug court in which the drug court team
286		-	discusses a coordinated response to the drug offender's
287		-	behavior.
288		-	(17) SUBSTANCE. Drug as defined in subdivision (6).
289		-	(18)(11) SUBSTANCE ABUSE. The illegal or improper
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	318	+	(14) SCREENING. The process of gathering basic
	319	+	information to determine whether the offender meets
	320	+	established drug court eligibility criteria and shall include,
	321	+	but is not limited to, the current charge, a substance abuse
	322	+	evaluation, a brief questionnaire to determine if a risk or
	323	+	needs assessment is needed, and drug testing, and may include,
	324	+	but is not limited to, a substance abuse evaluation, risk
	325	+	assessment, or needs assessment.
	326	+	(15)(9) SPLIT SENTENCING. A sentence whichthat includes
	327	+	a period of incarceration followed by a period of probation.
	328	+	(16) STAFFING. The meeting before an appearance of a
	329	+	drug offender in drug court in which the drug court team
	330	+	discusses a coordinated response to the drug offender's
	331	+	behavior.
	332	+	(17) SUBSTANCE. Drug as defined in subdivision (6).
319	333		(18)(11) SUBSTANCE ABUSE. The illegal or improper
320	334		consumption of a drug.
321	335		(19) SUBSTANCE ABUSE (12) TREATMENT. The application of
322	336		an evidence based program professionally planned, managed,
323	337		administered, and monitored procedures for the purpose of
324	338		alleviating, minimizing, and stabilizing the effect of
325	339		substance-related disorders substance abuse or mental illness
326	340		and restoring impaired functionality.
327	341		(20)(13) VIOLENT OFFENSE OR CHARGE. As defined in
328	342		Section 12-25-32 (13).
329	343		(3) AOC. The Administrative Office of Courts. "
330	344		"§12-23A-3
331	345		(a) The Legislature recognizes that a critical need
332	346		exists in this state for the criminal justice system to more
333		-	effectively address the number of defendants who are involved
334		-	with offenders who have a substance abuse or
335		-	addictiondisorder, who suffer from mental illness, or who
336		-	suffer from a condition related to a veteran's mental illness
337		-	or substance abuse . For the criminal justice system to
338		-	maintain credibility, court and community alternatives for the
339		-	substance abuse and addiction involved defendant must be
340		-	expanded. A growing body of research demonstrates the impact
341		-	of substance abuse on public safety, personal health, and
342		-	health care costs, the spread of communicable disease,
343		-	educational performance and attainment, work force reliability
344		-	and productivity, family safety, and financial stability.
345		-	Requiring accountability and effective treatment, in addition
346		-	to, or in place of, conventional and expensive incarceration ,
347		-	will promote public safety, promote the welfare of the
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	376	+	exists in this state for the criminal justice system to more
	377	+	effectively address the number of defendants who are involved
	378	+	with offenders who have a substance abuse or
	379	+	addictiondisorder, who suffer from mental illness, or who
	380	+	suffer from a condition related to a veteran's mental illness
	381	+	or substance abuse . For the criminal justice system to
	382	+	maintain credibility, court and community alternatives for the
	383	+	substance abuse and addiction involved defendant must be
	384	+	expanded. A growing body of research demonstrates the impact
	385	+	of substance abuse on public safety, personal health, and
	386	+	health care costs, the spread of communicable disease,
	387	+	educational performance and attainment, work force reliability
	388	+	and productivity, family safety, and financial stability.
	389	+	Requiring accountability and effective treatment, in addition
	390	+	to, or in place of, conventional and expensive incarceration ,
377	391		will promote public safety, promote the welfare of the
378	392		individuals involved, reduce the burden upon the State
379	393		Treasury, and benefit the common welfare of this state. The
380	394		goals of this chapter are to do all of the following:
381	395		(1) Enhance community safety and quality of life for
382	396		citizens.
383	397		(2) Reduce recidivism.
384	398		(3) Reduce substance abuse Hold offenders accountable
385	399		for their criminal behavior .
386	400		(4) Increase the personal, familial, and societal
387	401		accountability of drug offenders.
388	402		(5) Restore drug offenders to productive, law-abiding,
389	403		and taxpaying citizens.
390	404		(5)(6) Promote effective interaction and use of
391		-	resources among criminal justice and community agencies.
392		-	(6)(7) Reduce the costs of incarceration.
393		-	(7)(8) Improve the efficiency of the criminal justice
394		-	system by enacting an effective methodology .
395		-	(b) As a general proposition, all drug offenders should
396		-	receive timely eligibility screening and, where indicated,
397		-	assessment and the appropriate level of treatment. The
398		-	criminal justice system should be used constructively to
399		-	motivate drug offenders to accept treatment and engage in the
400		-	treatment process."
401		-	"§12-23A-4
402		-	(a)(1) The presiding judge of each judicial circuit ,
403		-	with the consent of the district attorney of that judicial
404		-	circuit, may establish a drugan accountability court or
405		-	courts, under which drug offenders shall be processed, to
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	434	+	(5)(6) Promote effective interaction and use of
	435	+	resources among criminal justice and community agencies.
	436	+	(6)(7) Reduce the costs of incarceration.
	437	+	(7)(8) Improve the efficiency of the criminal justice
	438	+	system by enacting an effective methodology .
	439	+	(b) As a general proposition, all drug offenders should
	440	+	receive timely eligibility screening and, where indicated,
	441	+	assessment and the appropriate level of treatment. The
	442	+	criminal justice system should be used constructively to
	443	+	motivate drug offenders to accept treatment and engage in the
	444	+	treatment process."
	445	+	"§12-23A-4
	446	+	(a)(1) The presiding judge of each judicial circuit ,
	447	+	with the consent of the district attorney of that judicial
	448	+	circuit, may establish a drugan accountability court or
435	449		courts, under which drug offenders shall be processed, to
436	450		appropriately address the identified substance abuse problem
437	451		disorder, mental illness, or other issue of the drug offender
438	452		as a condition of pretrial release, pretrial diversion,
439	453		probation, jail, prison, parole, community corrections, or
440	454		other release or diversion from a correctional facility. The
441	455		structure, method, and operation of each drugaccountability
442	456		court may differ and should be based upon the specific needs
443	457		of and resources available to the judicial district or circuit
444	458		where the drugaccountability court is located, but shall be
445	459		created and operate pursuant to this chapter and in compliance
446	460		with rules promulgated policies and procedures adopted by the
447		-	Alabama Supreme Court ~~AOC~~.
	461	+	Alabama Supreme Court.
448	462		(2) Nothing in this chapter shall affect the authority
449		-	of the district attorney to establish a deferred prosecution
450		-	program or a pretrial diversion program within his or her
451		-	judicial circuit or affect his or her ability to nolle prosse
452		-	a particular case. Notwithstanding the foregoing, all drug
453		-	courts shall comply with this chapter and rules promulgated by
454		-	the Alabama Supreme Court.
455		-	(b) Participation of an offender in an accountability
456		-	drug court shall require the consent of the district attorney
457		-	and the court and shall be pursuant to a written agreement. A
458		-	drugAn offender may participate in a pre-adjudication,
459		-	post-adjudication, reentry, probation violation, or
460		-	combination program.
461		-	(c) The court may grant reasonable incentives under the
462		-	written agreement if the court finds that the drug offender:
463		-	(1) Is performing satisfactorily in drug court.
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465	464		198
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467	466		200
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490	489		223
491		-	224 HB360 ~~Engrossed~~
	490	+	224 HB360 INTRODUCED
492	491		Page 9
	492	+	(2) Nothing in this chapter shall affect the authority
	493	+	of the district attorney to establish a deferred prosecution
	494	+	program or a pretrial diversion program within his or her
	495	+	judicial circuit or affect his or her ability to nolle prosse
	496	+	a particular case. Notwithstanding the foregoing, all drug
	497	+	courts shall comply with this chapter and rules promulgated by
	498	+	the Alabama Supreme Court.
	499	+	(b) Participation of an offender in an accountability
	500	+	drug court shall require the consent of the district attorney
	501	+	and the court and shall be pursuant to a written agreement. A
	502	+	drugAn offender may participate in a pre-adjudication,
	503	+	post-adjudication, reentry, probation violation, or
	504	+	combination program.
	505	+	(c) The court may grant reasonable incentives under the
	506	+	written agreement if the court finds that the drug offender:
493	507		(1) Is performing satisfactorily in drug court.
494	508		(2) Is benefiting from education, treatment, and
495	509		rehabilitation.
496	510		(3) Has not engaged in criminal conduct.
497	511		(4) Has not violated the terms and conditions of the
498	512		agreement.
499	513		(d) The court may impose reasonable sanctions under the
500	514		written agreement or may incarcerate or expel the offender
501	515		from the program if the court finds that the drug offender:
502	516		(1) Is not performing satisfactorily in drug court.
503	517		(2) Is not benefiting from education, treatment, or
504	518		rehabilitation.
505	519		(3) Has engaged in conduct rendering him or her
506	520		unsuitable for the program.
507		-	(4) Has otherwise violated the terms and conditions of
508		-	the agreement.
509		-	(5) Is for any reason unable to participate.
510		-	(e)(c) Upon successful completion of drugan
511		-	accountability court, a drug offender's case shall be disposed
512		-	of by the judge in the manner prescribed by the agreement and
513		-	by the applicable policies and procedures adopted by the
514		-	drugaccountability court. This may include, but is not limited
515		-	to, withholding criminal charges, nolle prosse of charges
516		-	recommended by the district attorney, probation, deferred
517		-	sentencing, suspended sentencing, split sentencing, or a
518		-	reduced period of incarceration. Records of all such
519		-	dispositions shall be maintained and be available to judges
520		-	and prosecutors statewide. This provision shallsubsection does
521		-	not authorize the disclosure of youthful offender or juvenile
522	521		225
523	522		226
524	523		227
525	524		228
526	525		229
527	526		230
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544	543		247
545	544		248
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548	547		251
549		-	252 HB360 ~~Engrossed~~
	548	+	252 HB360 INTRODUCED
550	549		Page 10
	550	+	unsuitable for the program.
	551	+	(4) Has otherwise violated the terms and conditions of
	552	+	the agreement.
	553	+	(5) Is for any reason unable to participate.
	554	+	(e)(c) Upon successful completion of drugan
	555	+	accountability court, a drug offender's case shall be disposed
	556	+	of by the judge in the manner prescribed by the agreement and
	557	+	by the applicable policies and procedures adopted by the
	558	+	drugaccountability court. This may include, but is not limited
	559	+	to, withholding criminal charges, nolle prosse of charges
	560	+	recommended by the district attorney, probation, deferred
	561	+	sentencing, suspended sentencing, split sentencing, or a
	562	+	reduced period of incarceration. Records of all such
	563	+	dispositions shall be maintained and be available to judges
	564	+	and prosecutors statewide. This provision shallsubsection does
551	565		not authorize the disclosure of youthful offender or juvenile
552	566		records to the general public.
553	567		(f) Drug courts shall include all of the following ten
554	568		key components, as defined by the United States Department of
555	569		Justice, and the drug court team shall act to ensure
556	570		compliance with each of the components:
557	571		(1) Integration of drug, alcohol, and other drug
558	572		treatment or educational services with justice system case
559	573		processing.
560	574		(2) Use of a non-adversarial approach, with prosecution
561	575		and defense counsel promoting public safety while protecting
562	576		the due process rights of drug offenders participating in the
563	577		program.
564	578		(3) Early identification of drug offenders eligible to
565		-	participate and prompt placement in the drug court program.
566		-	(4) Access to a continuum of alcohol, drug, and other
567		-	related treatment and rehabilitation services.
568		-	(5) Monitoring of abstinence by frequent alcohol and
569		-	other drug testing.
570		-	(6) Adoption and implementation of a coordinated
571		-	strategy which governs drug court responses to the compliance
572		-	of drug offenders participating in the program.
573		-	(7) Ongoing judicial interaction with each drug court
574		-	of drug offenders participating in the program.
575		-	(8) Monitoring and evaluation to measure the
576		-	achievement of program goals and gauge effectiveness.
577		-	(9) Continuing interdisciplinary education to promote
578		-	effective drug court planning, implementation, and operations.
579		-	(10) Forging partnerships among drug courts, public
580	579		253
581	580		254
582	581		255
583	582		256
584	583		257
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607		-	280 HB360 ~~Engrossed~~
	606	+	280 HB360 INTRODUCED
608	607		Page 11
	608	+	(3) Early identification of drug offenders eligible to
	609	+	participate and prompt placement in the drug court program.
	610	+	(4) Access to a continuum of alcohol, drug, and other
	611	+	related treatment and rehabilitation services.
	612	+	(5) Monitoring of abstinence by frequent alcohol and
	613	+	other drug testing.
	614	+	(6) Adoption and implementation of a coordinated
	615	+	strategy which governs drug court responses to the compliance
	616	+	of drug offenders participating in the program.
	617	+	(7) Ongoing judicial interaction with each drug court
	618	+	of drug offenders participating in the program.
	619	+	(8) Monitoring and evaluation to measure the
	620	+	achievement of program goals and gauge effectiveness.
	621	+	(9) Continuing interdisciplinary education to promote
	622	+	effective drug court planning, implementation, and operations.
609	623		(10) Forging partnerships among drug courts, public
610	624		agencies, and community-based organizations to generate local
611	625		support and enhance drug court effectiveness.
612	626		(g) Cases handled pursuant to this chapter shall be
613	627		calendared on dedicated dockets, set aside from other criminal
614	628		cases.
615	629		(h) Each local jurisdiction that intends to establish a
616	630		drug court, or continue the operation of an existing drug
617	631		court, shall establish a local drug court team and may also
618	632		establish a local drug court advisory committee.
619	633		(i) The drug court team, when practicable, shall
620	634		conduct a staff meeting prior to each drug court session to
621	635		discuss and provide updated information regarding drug
622	636		offenders. After determining their progress, or lack thereof,
623		-	the drug court team shall agree on the appropriate incentive
624		-	or sanction to be applied. If the drug court team cannot agree
625		-	on the appropriate action, the court shall make the decision
626		-	based on information presented in the staff meeting. Nothing
627		-	in this chapter shall prohibit the authority of the district
628		-	attorney to file a petition to remove the drug offender from
629		-	the drug court program for good cause shown.
630		-	(j)(d) Nothing contained in this chapter shall confer a
631		-	right, or an expectation of a right, to participate in drug an
632		-	accountability court, nor does it obligate the drug
633		-	accountability court to accept every drug offender. Neither
634		-	the establishment of any drug accountability court nor
635		-	anything in this chapter shall be construed as limiting the
636		-	discretion of the district attorney. Nothing in this chapter
637		-	shall be construed to prohibit the authority of the district
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639	638		282
640	639		283
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642	641		285
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665		-	308 HB360 ~~Engrossed~~
	664	+	308 HB360 INTRODUCED
666	665		Page 12
667		-	shall be construed to prohibit the authority of the district
668		-	attorney to file a petition to remove the offender from the
669		-	accountability court for good cause shown. Each drug
670		-	accountability court judge may establish rules and may make
671		-	special orders and rules, as necessary, that do not conflict
672		-	with this chapter or rules promulgated policies and procedures
673		-	adopted by AOCthe Alabama Supreme Court .
	666	+	offenders. After determining their progress, or lack thereof,
	667	+	the drug court team shall agree on the appropriate incentive
	668	+	or sanction to be applied. If the drug court team cannot agree
	669	+	on the appropriate action, the court shall make the decision
	670	+	based on information presented in the staff meeting. Nothing
	671	+	in this chapter shall prohibit the authority of the district
	672	+	attorney to file a petition to remove the drug offender from
	673	+	the drug court program for good cause shown.
	674	+	(j)(d) Nothing contained in this chapter shall confer a
	675	+	right, or an expectation of a right, to participate in drug an
	676	+	accountability court, nor does it obligate the drug
	677	+	accountability court to accept every drug offender. Neither
	678	+	the establishment of any drug accountability court nor
	679	+	anything in this chapter shall be construed as limiting the
	680	+	discretion of the district attorney. Each drug accountability
	681	+	court judge may establish rules and may make special orders
	682	+	and rules, as necessary, that do not conflict with this
	683	+	chapter or rules promulgated policies and procedures adopted
	684	+	by AOCthe Alabama Supreme Court .
674	685		(k) A drug court coordinator shall be responsible for
675	686		the general administration of drug court.
676	687		(l)(e) Any agency charged with supervising a drug an
677	688		offender under drug accountability court jurisdiction shall
678	689		timely forward information to the drug accountability court
679	690		concerning the progress and compliance of the drug offender
680	691		with any court imposed terms and conditions."
681	692		"§12-23A-5
682	693		(a) Any drug offender subject to this chapter who posts
683	694		bail shall submit to random observed drug tests as a condition
684		-	of pretrial release.
685		-	(b) A drug offender shall be required to undergo a
686		-	screening under any of the following conditions:
687		-	(1) The results of a drug test are positive.
688		-	(2) The drug offender requests a screening.
689		-	(3) The drug offender admits to substance use or abuse
690		-	within the year preceding the arrest for the present charge.
691		-	(4) The present charge involves a violation of the
692		-	controlled substances or impaired driving statutes.
693		-	(5) The drug offender, within the previous five years,
694		-	has been convicted in any state or federal court involving a
695		-	violation described in subsection (b)(1), (b)(3), or (b)(4).
696	695		309
697	696		310
698	697		311
699	698		312
700	699		313
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702	701		315
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715	714		328
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719	718		332
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721	720		334
722	721		335
723		-	336 HB360 ~~Engrossed~~
	722	+	336 HB360 INTRODUCED
724	723		Page 13
	724	+	bail shall submit to random observed drug tests as a condition
	725	+	of pretrial release.
	726	+	(b) A drug offender shall be required to undergo a
	727	+	screening under any of the following conditions:
	728	+	(1) The results of a drug test are positive.
	729	+	(2) The drug offender requests a screening.
	730	+	(3) The drug offender admits to substance use or abuse
	731	+	within the year preceding the arrest for the present charge.
	732	+	(4) The present charge involves a violation of the
	733	+	controlled substances or impaired driving statutes.
	734	+	(5) The drug offender, within the previous five years,
	735	+	has been convicted in any state or federal court involving a
725	736		violation described in subsection (b)(1), (b)(3), or (b)(4).
726	737		(6) The drug offender refuses to undergo a drug test as
727	738		required by this chapter.
728	739		(c) Notwithstanding the requirements of subsection (a),
729	740		the court shall order a drug offender to undergo a screening
730	741		if the court has reason to believe the drug offender is a
731	742		substance abuser or would otherwise benefit from undergoing a
732	743		screening.
733	744		(d) If a drug offender is ordered to undergo a
734	745		screening and has not done so at the time of his or her
735	746		release prior to trial or probation, submission to a screening
736	747		shall be a condition of his or her pretrial release or
737	748		probation.
738	749		(e) Unless otherwise ordered by the court, the drug
739	750		test results and screening of a drug offender shall be
740	751		provided as soon as practical after the initial appearance of
741	752		the drug offender before the drug court team, or other
742		-	appropriate authority in the case of an inmate.
743		-	(f) The screening shall include recommendations
744		-	concerning the drug offender's need for a needs or risk
745		-	assessment.
746		-	(g)(a) Anyone receiving drug or substance test results,
747		-	a screening, an assessment, or other personal medical
748		-	information shall maintain that information in accordance with
749		-	federal and state confidentiality laws.
750		-	(h) A court shall immediately consider ordering a drug
751		-	offender to participate in drug court if all of the following
752		-	apply:
753		-	(1) A screening reveals that a drug offender is a
754	753		337
755	754		338
756	755		339
757	756		340
758	757		341
759	758		342
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764	763		347
765	764		348
766	765		349
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768	767		351
769	768		352
770	769		353
771	770		354
772	771		355
773	772		356
774	773		357
775	774		358
776	775		359
777	776		360
778	777		361
779	778		362
780	779		363
781		-	364 HB360 ~~Engrossed~~
	780	+	364 HB360 INTRODUCED
782	781		Page 14
	782	+	the drug offender before the drug court team, or other
	783	+	appropriate authority in the case of an inmate.
	784	+	(f) The screening shall include recommendations
	785	+	concerning the drug offender's need for a needs or risk
	786	+	assessment.
	787	+	(g)(a) Anyone receiving drug or substance test results,
	788	+	a screening, an assessment, or other personal medical
	789	+	information shall maintain that information in accordance with
	790	+	federal and state confidentiality laws.
	791	+	(h) A court shall immediately consider ordering a drug
	792	+	offender to participate in drug court if all of the following
	793	+	apply:
783	794		(1) A screening reveals that a drug offender is a
784	795		substance abuser, and the court recommends that the drug
785	796		offender participate in drug court.
786	797		(2) The court has reason to believe that participation
787	798		in drug court will benefit the drug offender by addressing his
788	799		or her substance abuse.
789	800		(3) The district attorney consents to the participation
790	801		of the drug offender in the program.
791	802		(4) The case of the drug offender is handled pursuant
792	803		to subsection (b) of Section 12-23A-4.
793	804		(b) An(i) A drug offender shall not be eligible for
794	805		admission into a drug an accountability court program if any
795	806		of the following applies :
796	807		(1) The drug offender has a pending violent criminal
797	808		charge against him or her or any felony charge in which a
798	809		firearm or deadly weapon or dangerous instrument was used .;
799	810		(2) The drug offender has been convicted of a violent
800		-	felony offense or any felony in which a firearm or deadly
801		-	weapon or dangerous instrument was used or adjudicated as a
802		-	youthful offender or delinquent as a juvenile of a violent
803		-	felony offense or any felony in which a firearm or deadly
804		-	weapon or dangerous instrument was used .;
805		-	(3) The drug offender is required to register as a sex
806		-	offender or currently charged with a felony sex offense .; or
807		-	(4) The drug offender is charged with distribution,
808		-	manufacturing, or trafficking of a controlled substance.
809		-	(c)(j) Eligible offenses may be further restricted by
810		-	the rules of a specific local drug accountability court
811		-	program.
812	811		365
813	812		366
814	813		367
815	814		368
816	815		369
817	816		370
818	817		371
819	818		372
820	819		373
821	820		374
822	821		375
823	822		376
824	823		377
825	824		378
826	825		379
827	826		380
828	827		381
829	828		382
830	829		383
831	830		384
832	831		385
833	832		386
834	833		387
835	834		388
836	835		389
837	836		390
838	837		391
839		-	392 HB360 ~~Engrossed~~
	838	+	392 HB360 INTRODUCED
840	839		Page 15
	840	+	(2) The drug offender has been convicted of a violent
	841	+	felony offense or any felony in which a firearm or deadly
	842	+	weapon or dangerous instrument was used or adjudicated as a
	843	+	youthful offender or delinquent as a juvenile of a violent
	844	+	felony offense or any felony in which a firearm or deadly
	845	+	weapon or dangerous instrument was used .;
	846	+	(3) The drug offender is required to register as a sex
	847	+	offender or currently charged with a felony sex offense .; or
	848	+	(4) The drug offender is charged with distribution,
	849	+	manufacturing, or trafficking of a controlled substance.
	850	+	(c)(j) Eligible offenses may be further restricted by
	851	+	the rules of a specific local drug accountability court
841	852		program.
842	853		(d)(k) The Commissioner of the Department of
843	854		Corrections shall develop criteria regarding the evaluation
844	855		and eligibility of an inmate for early release into a reentry
845	856		drug accountability court program consistent with the
846	857		requirements of subsection (b) (i)."
847	858		"§12-23A-6
848	859		(a) As part of the assessment, each jurisdiction shall
849	860		establish a system to ensure that drug offenders are placed
850	861		into a substance abuse treatment program approved by the
851	862		Department of Mental Health. To accomplish this, the entity
852	863		conducting the assessment should make specific recommendations
853	864		to the drug court team regarding the level of treatment
854	865		program and duration necessary so that the individualized
855	866		needs of a drug offender may be addressed. These assessments
856	867		and resulting recommendations shall be performed by a
857	868		certified or licensed alcohol and drug professional in
858		-	accordance with the criteria certified by the Department of
859		-	Mental Health, Substance Abuse Services Division. Treatment
860		-	recommendations accepted by the court, pursuant to this
861		-	chapter, shall be deemed to be reasonable and necessary.
862		-	(b) An adequate continuum of care for drug offenders
863		-	shall be established in response to this chapter.
864		-	(a)(c) The drug accountability court, when practicable,
865		-	shall ensure that no agency provide both assessment and
866		-	treatment services for a drug an accountability court to avoid
867		-	potential conflicts of interest or the appearance that a given
868		-	assessment agency might benefit by determining that an
869		-	offender is in need of the particular form of treatment that
870	869		393
871	870		394
872	871		395
873	872		396
874	873		397
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895	894		418
896	895		419
897		-	420 HB360 ~~Engrossed~~
	896	+	420 HB360 INTRODUCED
898	897		Page 16
	898	+	certified or licensed alcohol and drug professional in
	899	+	accordance with the criteria certified by the Department of
	900	+	Mental Health, Substance Abuse Services Division. Treatment
	901	+	recommendations accepted by the court, pursuant to this
	902	+	chapter, shall be deemed to be reasonable and necessary.
	903	+	(b) An adequate continuum of care for drug offenders
	904	+	shall be established in response to this chapter.
	905	+	(a)(c) The drug accountability court, when practicable,
	906	+	shall ensure that no agency provide both assessment and
	907	+	treatment services for a drug an accountability court to avoid
	908	+	potential conflicts of interest or the appearance that a given
	909	+	assessment agency might benefit by determining that an
899	910		offender is in need of the particular form of treatment that
900	911		the assessor provides.
901	912		(b) An accountability (d) A drug court making a referral
902		-	for substance abuse treatment shall refer the drug offender to
903		-	a program that: (i) is certified by the Department of Mental
904		-	Health; (ii) agrees to become certified by the Department of
905		-	Mental Health within 90 days of service implementation; or
906		-	(iii) can provide documentation that it is using
907		-	evidence-based practices , Substance Abuse Services Division .
	913	+	for substance abuse treatment shall may refer the drug
	914	+	offender to a program that is certified by the Department of
	915	+	Mental Health, Substance Abuse Services Division .
908	916		(c)(e) The court shall determine which treatment
909	917		programs are authorized to provide the recommended treatment
910	918		to a drug an offender. The relationship between the treatment
911	919		program and the accountability court should be governed by a
912	920		memorandum of understanding, which should include the timely
913	921		reporting of the progress or lack thereof of the drug offender
914	922		to the drug accountability court.
915	923		(d)(f) Appropriate services for mental health treatment
916	924		should be made available by the Department of Mental Health,
917	925		where practicable , recognizing that a drug offender is
918	926		frequently co-occurring.
919		-	(g) Recognizing that appropriate levels of substance
920		-	abuse treatment, including appropriate length of stay, impact
921		-	success, the drug court team may require assessments that
922		-	determine the appropriate level of care and refer to programs
923		-	certified by the Department of Mental Health for the provision
924		-	of the indicated treatment ."
925		-	"§12-23A-8
926		-	(a) Any drug accountability court in this state may
927		-	transfer to or accept transfer from any other drug
928	927		421
929	928		422
930	929		423
931	930		424
932	931		425
933	932		426
934	933		427
935	934		428
936	935		429
937	936		430
938	937		431
939	938		432
940	939		433
941	940		434
942	941		435
943	942		436
944	943		437
945	944		438
946	945		439
947	946		440
948	947		441
949	948		442
950	949		443
951	950		444
952	951		445
953	952		446
954	953		447
955		-	448 HB360 ~~Engrossed~~
	954	+	448 HB360 INTRODUCED
956	955		Page 17
	956	+	frequently co-occurring.
	957	+	(g) Recognizing that appropriate levels of substance
	958	+	abuse treatment, including appropriate length of stay, impact
	959	+	success, the drug court team may require assessments that
	960	+	determine the appropriate level of care and refer to programs
	961	+	certified by the Department of Mental Health for the provision
	962	+	of the indicated treatment ."
	963	+	"§12-23A-8
	964	+	Any drug accountability court in this state may
957	965		transfer to or accept transfer from any other drug
958	966		accountability court in this state , as well as and any drug
959	967		accountability court, or similar court in any other state
960	968		which is a part of the Interstate Compact for Adult Offender
961	969		Supervision, any drug offender for admission into the
962	970		respective drug accountability court program based upon the
963	971		residence of the drug offender. All terms and conditions of
964	972		the transfer and supervision shall be clearly stated, in
965	973		writing, and shall not be valid unless agreed to, in writing,
966	974		by all of the following:
967	975		(1) The drug offender.
968	976		(2) The defense attorney.
969	977		(3) The judge and prosecutor of the transferring drug
970	978		court.
971	979		(4) The judge and prosecutor of the receiving drug
972		-	court.
973		-	(b) Any accountability court in this state may accept
974		-	the transfer of offenders with an identified substance abuse
975		-	disorder or mental illness from any municipal court within its
976		-	jurisdiction which does not have its own municipal
977		-	accountability court. "
	980	+	court."
978	981		"§12-23A-9
979	982		(a) The Administrative Office of Courts , hereinafter
980	983		AOC, shall assist inadopt policies and procedures regarding
981	984		best practices in the planning, implementation, and
982		-	development of drugaccountability courts statewide. AOC shall
983		-	make recommendations to the Alabama Supreme Court and the
984		-	Chief Justice concerning the legal, policy, and procedural
985		-	issues confronting the drug courts in the state. Nothing in
986	985		449
987	986		450
988	987		451
989	988		452
990	989		453
991	990		454
992	991		455
993	992		456
994	993		457
995	994		458
996	995		459
997	996		460
998	997		461
999	998		462
1000	999		463
1001	1000		464
1002	1001		465
1003	1002		466
1004	1003		467
1005	1004		468
1006	1005		469
1007	1006		470
1008	1007		471
1009	1008		472
1010	1009		473
1011	1010		474
1012	1011		475
1013		-	476 HB360 ~~Engrossed~~
	1012	+	476 HB360 INTRODUCED
1014	1013		Page 18
	1014	+	best practices in the planning, implementation, and
	1015	+	development of drugaccountability courts statewide. AOC shall
	1016	+	make recommendations to the Alabama Supreme Court and the
	1017	+	Chief Justice concerning the legal, policy, and procedural
1015	1018		issues confronting the drug courts in the state. Nothing in
1016	1019		this section shall impede the constitutional authority of the
1017	1020		district attorney.
1018	1021		(b) AOC shall provide state-level coordination and
1019	1022		support for drugaccountability court judges and their programs
1020	1023		and operate as a liaison between drugaccountability court
1021	1024		judges and other state-level agencies providing services to or
1022	1025		benefittingbenefiting from drugaccountability court programs.
1023	1026		(c) The Administrative Director of Courts shall make
1024	1027		recommendations to the Chief Justice of the Alabama Supreme
1025	1028		Court concerning criteria for eligibility, the promulgation of
1026	1029		procedural rules, the establishment of guidelines for
1027	1030		operation, and adoption of standards and protocols for the
1028	1031		various drug courts of this state. All rules, guidelines,
1029	1032		standards, and protocols shall periodically be reviewed and
1030	1033		revised.
1031	1034		(d) AOC shall identify existing resources for
1032	1035		assessment and treatment and make recommendations for the
1033	1036		allocation of those resources; explore grants and funds
1034	1037		necessary to support drug courts; promote and provide annual
1035	1038		training and technical assistance for all drug court judges
1036	1039		and criminal justice personnel involved in drug courts, as
1037	1040		well as education for the public about the effectiveness of
1038	1041		drug court; and establish evaluation criteria and procedures,
1039	1042		including tracking the status of drug offenders after
1040		-	concluding drug court. The critical performance measures to be
1041		-	collected shall include those set forth in subsection (a) of
1042		-	Section 12-23A-10.
1043		-	(e) The local drug court team or advisory committee, or
1044	1043		477
1045	1044		478
1046	1045		479
1047	1046		480
1048	1047		481
1049	1048		482
1050	1049		483
1051	1050		484
1052	1051		485
1053	1052		486
1054	1053		487
1055	1054		488
1056	1055		489
1057	1056		490
1058	1057		491
1059	1058		492
1060	1059		493
1061	1060		494
1062	1061		495
1063	1062		496
1064	1063		497
1065	1064		498
1066	1065		499
1067	1066		500
1068	1067		501
1069	1068		502
1070	1069		503
1071		-	504 HB360 ~~Engrossed~~
	1070	+	504 HB360 INTRODUCED
1072	1071		Page 19
	1072	+	including tracking the status of drug offenders after
	1073	+	concluding drug court. The critical performance measures to be
	1074	+	collected shall include those set forth in subsection (a) of
	1075	+	Section 12-23A-10.
1073	1076		(e) The local drug court team or advisory committee, or
1074	1077		both, shall ensure the provision of a full continuum of care
1075	1078		for drug offenders.
1076	1079		(f) The presiding judge of each circuit shall report to
1077	1080		AOC by the fifteenth day of January of each year. The report
1078	1081		shall include all of the following:
1079	1082		(1) A description of the drug court operating within
1080	1083		the jurisdiction.
1081	1084		(2) The name of the participating judge or judges.
1082	1085		(3) Community involvement.
1083	1086		(4) Education and training.
1084	1087		(5) Use of existing resources.
1085	1088		(6) Collaborative efforts.
1086	1089		(7) An evaluation of the critical data elements
1087	1090		required by subsection (a) of Section 12-23A-10.
1088	1091		(g)(c) The Administrative Director of Courts shall
1089	1092		provide a statewide report each year during the regular
1090	1093		legislative session to the Alabama Supreme Court, Legislature,
1091	1094		and Governor regarding the need for, and implementation of,
1092	1095		this chapter. The report shall include a synopsis of such
1093	1096		information or data necessary to determine the impact,
1094	1097		utility, and cost-effectiveness of its implementation and
1095	1098		ongoing operation."
1096	1099		"§12-23A-10
1097	1100		(a) A drug court shall collect and maintain the
1098		-	following information for each drug offender that is
1099		-	considered for admission or admitted into drug court:
1100		-	(1) Prior criminal history.
1101		-	(2) Prior substance abuse treatment history, including
1102	1101		505
1103	1102		506
1104	1103		507
1105	1104		508
1106	1105		509
1107	1106		510
1108	1107		511
1109	1108		512
1110	1109		513
1111	1110		514
1112	1111		515
1113	1112		516
1114	1113		517
1115	1114		518
1116	1115		519
1117	1116		520
1118	1117		521
1119	1118		522
1120	1119		523
1121	1120		524
1122	1121		525
1123	1122		526
1124	1123		527
1125	1124		528
1126	1125		529
1127	1126		530
1128	1127		531
1129		-	532 HB360 ~~Engrossed~~
	1128	+	532 HB360 INTRODUCED
1130	1129		Page 20
	1130	+	(a) A drug court shall collect and maintain the
	1131	+	following information for each drug offender that is
	1132	+	considered for admission or admitted into drug court:
	1133	+	(1) Prior criminal history.
1131	1134		(2) Prior substance abuse treatment history, including
1132	1135		information on the success or failure of the drug offender in
1133	1136		those programs.
1134	1137		(3) Employment, education, and income histories.
1135	1138		(4) Gender, race, ethnicity, marital and family status,
1136	1139		and any child custody and support obligations.
1137	1140		(5)a. Instances of recidivism occurring after
1138	1141		successful completion of drug court. Recidivism shall be
1139	1142		measured at a period of three years after successful
1140	1143		graduation.
1141	1144		b. Instances of recidivism occurring after a drug
1142	1145		offender's termination in drug court for a period of three
1143	1146		years from release into the community.
1144	1147		(6) The drug of choice and the estimated daily
1145	1148		financial cost to the drug offender at the time of entry into
1146	1149		the program.
1147	1150		(7) The number of drug offenders screened for
1148	1151		eligibility, the number of eligible drug offenders who were
1149	1152		and were not admitted into drug court, the reasons for
1150	1153		non-admission for those drug offenders not admitted into drug
1151	1154		court, and the case disposition for each drug offender
1152	1155		admitted into drug court.
1153	1156		(8) The cost of operation and sources of funding for
1154	1157		each drug court.
1155	1158		(b) A drug offender subject to this chapter may be
1156		-	required, as a condition of pretrial release, probation,
1157		-	diversion, parole, or community corrections to provide the
1158		-	information in subsection (a). The collection and maintenance
1159		-	of this information shall be collected in a standardized
1160	1159		533
1161	1160		534
1162	1161		535
1163	1162		536
1164	1163		537
1165	1164		538
1166	1165		539
1167	1166		540
1168	1167		541
1169	1168		542
1170	1169		543
1171	1170		544
1172	1171		545
1173	1172		546
1174	1173		547
1175	1174		548
1176	1175		549
1177	1176		550
1178	1177		551
1179	1178		552
1180	1179		553
1181	1180		554
1182	1181		555
1183	1182		556
1184	1183		557
1185	1184		558
1186	1185		559
1187		-	560 HB360 ~~Engrossed~~
	1186	+	560 HB360 INTRODUCED
1188	1187		Page 21
	1188	+	(b) A drug offender subject to this chapter may be
	1189	+	required, as a condition of pretrial release, probation,
	1190	+	diversion, parole, or community corrections to provide the
	1191	+	information in subsection (a). The collection and maintenance
1189	1192		of this information shall be collected in a standardized
1190	1193		format according to applicable guidelines.
1191	1194		(a)(c) To protect the privacy of a drugan offender in
1192	1195		accordance with federal and state confidentiality laws,
1193	1196		treatment records shall be kept in a secure environment,
1194	1197		separated from the court records to which the public has
1195	1198		access.
1196	1199		(d) All drug court personnel shall be trained in
1197	1200		accordance with subsection (d) of Section 12-23A-9.
1198	1201		(e) Evaluations shall be conducted in accordance with
1199	1202		subsection (a).
1200	1203		(b)(f) The drug offender shall be responsible for all
1201	1204		fees, court costs, and restitution associated with the terms
1202	1205		of release of the offender, supervision, treatment, and
1203	1206		successful completion in drug an accountability court, unless
1204	1207		the offender is determined to be indigent, in which event
1205	1208		suchthe fees may be waived in whole or in part. Determination
1206	1209		of indigency shall be subject to continuing review by the
1207	1210		accountability court. All such fees, which do not include
1208	1211		regular court costs normally collected by the clerk of court,
1209	1212		shall be collected and accounted for by the drugaccountability
1210	1213		court or other entity designated by the drug court team, in
1211	1214		accordance with generally accepted uniform accounting
1212	1215		principles, which shall be subject to approval by the Chief
1213	1216		Examiner of the Department of Examiners of Public Accounts .
1214		-	Drug Accountability courts shall establish and maintain a
1215		-	uniform accounting system.
1216		-	(c)(g) The annual reports and all records of accounts
1217		-	and financial records of all funds received from fees or by
1218	1217		561
1219	1218		562
1220	1219		563
1221	1220		564
1222	1221		565
1223	1222		566
1224	1223		567
1225	1224		568
1226	1225		569
1227	1226		570
1228	1227		571
1229	1228		572
1230	1229		573
1231	1230		574
1232	1231		575
1233	1232		576
1234	1233		577
1235	1234		578
1236	1235		579
1237	1236		580
1238	1237		581
1239	1238		582
1240	1239		583
1241	1240		584
1242	1241		585
1243	1242		586
1244	1243		587
1245		-	588 HB360 ~~Engrossed~~
	1244	+	588 HB360 INTRODUCED
1246	1245		Page 22
	1246	+	Examiner of the Department of Examiners of Public Accounts .
	1247	+	Drug Accountability courts shall establish and maintain a
	1248	+	uniform accounting system.
	1249	+	(c)(g) The annual reports and all records of accounts
1247	1250		and financial records of all funds received from fees or by
1248	1251		grant, contract, or otherwise from state, local, or federal
1249	1252		sources, shallmay be subject to audit annually by the Chief
1250	1253		Examiner of the Department of Examiners of Public Accounts.
1251	1254		The audit may be performed by a licensed independent certified
1252	1255		public accountant approved by the Chief Examiner of the
1253	1256		Department of Examiners of Public Accounts .
1254	1257		(d)(h) All audits shall be completed as soon as
1255	1258		practicable after the end of the fiscal year . One copy of each
1256	1259		audit shall be furnished to the presiding circuit judge, the
1257	1260		district attorney, the Administrative Director of Courts, and
1258	1261		the Chief Examiner of the Department of Examiners of Public
1259	1262		Accounts. Copies of each audit shall also be made available to
1260	1263		the press The audit report shall be considered a public
1261	1264		writing."
1262	1265		"§12-23A-11
1263	1266		(a) Absent negligence, wantonness, recklessness, or
1264	1267		deliberate misconduct, any individual who, in good faith,
1265	1268		provides services pursuant to this chapter , shall not be
1266	1269		liable in any civil action. The grant of immunity provided for
1267	1270		in this subsection shall extend to all employees,
1268	1271		administrative personnel , substance abuse and mental illness
1269	1272		professionals, and drugaccountability court team members, as
1270	1273		well as volunteers.
1271	1274		(b) Any qualified person individual who obtains, in a
1272		-	medically accepted manner, a specimen of breath, blood, urine,
1273		-	or other bodily substance pursuant to this chapter shall not
1274		-	be liable in any civil action."
1275		-	"§12-23A-12
1276	1275		589
1277	1276		590
1278	1277		591
1279	1278		592
1280	1279		593
1281	1280		594
1282	1281		595
1283	1282		596
1284	1283		597
1285	1284		598
1286	1285		599
1287	1286		600
1288	1287		601
1289	1288		602
1290	1289		603
1291	1290		604
1292	1291		605
1293	1292		606
1294	1293		607
1295	1294		608
1296	1295		609
1297	1296		610
1298	1297		611
1299	1298		612
1300	1299		613
1301	1300		614
1302	1301		615
1303		-	616 HB360 ~~Engrossed~~
	1302	+	616 HB360 INTRODUCED
1304	1303		Page 23
	1304	+	(b) Any qualified person individual who obtains, in a
	1305	+	medically accepted manner, a specimen of breath, blood, urine,
	1306	+	or other bodily substance pursuant to this chapter shall not
	1307	+	be liable in any civil action."
1305	1308		"§12-23A-12
1306	1309		Nothing in this chapter shall be construed to require a
1307	1310		county commission or any county employee to participate in or
1308	1311		fund in whole or in part the development or operation of a
1309	1312		drugan accountability court program authorized in this
1310	1313		chapter."
1311	1314		"§12-23A-13
1312	1315		A holder of a commercial driver'sdriver license, a
1313	1316		commercial driver learner'slearner permit holder, andor any
1314	1317		other operator of a commercial motor vehicle that is subject
1315	1318		to Part 383 of the Federal Motor Carrier Safety Regulations
1316	1319		shall be ineligible to participate in any drugaccountability
1317	1320		court program."
1318	1321		Section 2. Section 12-23A-7, Code of Alabama 1975,
1319	1322		relating to drug testing procedures, is repealed.
1320	1323		Section 3. This act shall become effective on October
1321	1324		1, 2025.
1322	1325		617
1323	1326		618
1324	1327		619
1325	1328		620
1326	1329		621
1327	1330		622
1328	1331		623
1329	1332		624
1330	1333		625
1331	1334		626
1332	1335		627
1333	1336		628
1334	1337		629
1335	1338		630
1336	1339		631
1337		-	632 HB360 Engrossed
1338		-	Page 24
1339		-	1, 2025.
1340		-	House of Representatives
1341		-	Read for the first time and referred
1342		-	to the House of Representatives
1343		-	committee on Judiciary
1344		-	................27-Feb-25
1345		-	Read for the second time and placed
1346		-	on the calendar:
1347		-	1 amendment
1348		-	................05-Mar-25
1349		-	Read for the third time and passed
1350		-	as amended
1351		-	................19-Mar-25
1352		-	Yeas 102
1353		-	Nays 0
1354		-	Abs 0
1355		-	John Treadwell
1356		-	Clerk
	1340	+	632
1357	1341		633
1358	1342		634
1359	1343		635
1360	1344		636
1361		-	637
1362		-	638
1363		-	639
1364		-	640
1365		-	641
1366		-	642
1367		-	643
1368		-	644
1369		-	645
1370		-	646
1371		-	647
1372		-	648
1373		-	649
1374		-	650
1375		-	651
1376		-	652