2022 Code of Alabama
Title 14 - Criminal Correctional and Detention Facilities.
Chapter 1 - Board and Department of Corrections.
Section 14-1-23 - Application and Memorandum of Agreement for County Jails; Procedures; Liability Coverage.
Section 14-1-23
Application and memorandum of agreement for county jails; procedures; liability coverage.
(a) For the purpose of establishing consenting county jails for the housing and care of parolees and probationers pursuant to Sections 15-22-32 and 15-22-54, the Department of Corrections, in consultation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama, shall develop an application and a standard memorandum of agreement to be used by county commissions and sheriffs who agree to provide housing and care to parolees and probationers who have been charged with, or sanctioned or revoked for, a parole or probation violation.
(b) The application shall include, but is not limited to, both of the following:
(1) A determination of the number of excess beds available in the county jail, based on the evaluation of the inmate census and the available occupied beds in the jail during the previous 12-month period.
(2) A determination of the daily cost of housing and caring for prisoners in the county jail during the previous 12-month period. This amount shall be in addition to the cost of providing health care services.
(c)(1) A county commission that, with the consent of the sheriff, elects to provide for the housing and care of parole and probation violators, pursuant to Sections 15-22-32 and 15-22-54, shall submit an application to the Department of Corrections, submit to an inspection of the county jail by the department to determine its ability to house inmates and to provide for their housing and care, and provide any other documentation and information required by the department.
(2) The department shall review all applications annually and shall select the county jails for participation in the program. Any county jail selected for participation shall enter into a memorandum of agreement with the department for the services.
(3) The department shall select at least one county jail located in the northern region, one county jail located in the central region, and one county jail located in the southern region of the state.
(d)(1) Memoranda of agreement shall be for 12 months and may be renewed for up to two additional 12-month periods following an inspection and application as required in subsections (b) and (c).
(2) The memorandum of agreement shall require the department to provide for the cost of health care for parolees and probationers and to provide a per diem for each parolee and probationer as provided in Section 14-1-21.
(3) The memorandum of agreement shall provide for the reimbursement to the county for any increased costs of liability insurance premiums that are required by its insurance carrier for coverage attributed to the housing of inmates pursuant to this section.
(4) The memorandum of agreement shall establish a process for the submittal of monthly payments to the participating counties upon receipt of required documentation.
(e) Procedures for the transfer or release of parolees and probationers at the end of confinement for violations and other procedures necessary to efficiently implement this section shall be established by the department, in consultation with the Alabama Sheriffs' Association and the Association of County Commissions of Alabama.
(f) Any county that elects to provide for the housing and care of parole and probation violators pursuant to this section, and is participating in the liability self-insurance fund established pursuant to Chapter 30 of Title 11, shall be eligible for the liability self-insurance fund's coverage for any claims arising out of the housing and care of parole and probation violators.
(Act 2021-249, §5.)
