2024 Code of Alabama
Title 45 - Local Laws.
Chapter 40 - Lawrence County.
Article 23 - Sheriff.
Part 4 - Jails.
Subpart 4 - Temporary Release Program.
Section 45-40-233.79 - Lawrence County Community Corrections and Court Services Commission.
Section 45-40-233.79
Lawrence County Community Corrections and Court Services Commission.
(a) The Lawrence County Community Corrections and Court Services Commission is created. The commission shall be comprised of nine members as follows: the Chair of the Lawrence County Commission; the Sheriff of Lawrence County; the District Attorney of the Thirty-Sixth Judicial Circuit; a circuit judge from the Thirty-Sixth Judicial Circuit appointed by the presiding judge of the circuit; a district judge of Lawrence County to be appointed by the presiding judge of the Thirty-Sixth Judicial Circuit; an individual appointed by the City Council of the City of Moulton; an individual appointed by the City Council of the City of Courtland; the officer in charge of the Alabama Probation and Parole Office in Lawrence County; and the Circuit Court Clerk of Lawrence County.
(b) The commission may implement this subpart and generally superintend all administrative functions pursuant to the same, subject to rules adopted by the Circuit and District Judges of Lawrence County. The commission may not direct any judicial officer in the exercise of his or her judicial functions. The commission, subject to any applicable laws pertaining to the employment and dismissal of county employees, may employ and dismiss personnel, except judicial officers, and may direct and supervise the personnel. All personnel employed by the commission who have been certified by the Alabama Peace Officers’ Standards and Training Commission shall have the same authority and powers as are vested in deputy sheriffs and all other peace officers of this state. The personnel shall be responsible to the Lawrence County Community Corrections and Court Services Commission and shall perform all duties assigned by that commission.
(c) The commission may contract with one or more individuals or nonprofit corporations to serve as executive director for purposes of administering this subpart. The contractor shall serve at the pleasure of the commission and shall operate all of the programs authorized by the commission in accordance with the fiscal procedures generally applicable to the operation of instrumentalities of this state with full public disclosure and accountability. The commission shall be subject to periodic audits in accordance with applicable requirements of law and shall comply with all laws and rules relating to the disbursement and expenditure of public funds.
(d) The commission shall continually review all activities conducted under its purview and shall recommend to the Legislature any changes that the commission deems to be appropriate under the law to carry out the purposes of this subpart.
(e) No agreement for the merger of the work release program with any similar program operated by the Department of Corrections or any other department, agency, or bureau of the state shall be effective without the approval of the commission.
(f) The commission may apply for, receive, and administer any grants or funds from the United States government or any agency thereof; the State of Alabama or any agency thereof; or any private or quasi governmental foundation, corporation, firm, or agency if the grants or funds are available for the uses and purposes for which the commission is organized. All funds received by the commission shall be deposited to the Lawrence County Community Corrections and Court Services Fund, and shall be disbursed by the Lawrence County Commission upon vouchers submitted by the commission’s chair or the executive director designated by the commission.
(g) The commission shall elect a chair from among its membership and shall adopt rules for conducting its affairs. All meetings of the commission shall be in the Lawrence County Courthouse and shall be held at the call of the elected chair. The chair shall be required to call a meeting of the commission upon the request in writing of any four members of the commission.
(h) The commission may establish, operate, and fund alternative sentencing programs, education programs, intervention programs, and treatment programs such as pretrial release programs, supervised electronic detention programs, domestic violence offender programs, court referral programs, driver safety programs, and other programs to serve the courts of the Thirty-Sixth Judicial Circuit and may collect fees from any defendant ordered by the courts to complete a program administered by the commission. The authority to establish the fees to fund the programs shall rest exclusively with the commission. All fees collected shall be transmitted to the Lawrence County Commission for deposit into the Lawrence County Community Corrections and Court Services Fund and shall be expended in accordance with this subpart. Notwithstanding the establishment of the fees, any judge of the Thirty-Sixth Judicial Circuit may waive the payment or collection of any administrative fee, or any portion thereof, associated with a defendant’s assignment to a program administered by the commission. Any defendant who, upon court order, enrolls in any education program, intervention program, or treatment program administered by the commission, at the time of enrollment, shall be notified of any fees associated with the program and shall be notified of the location and cost of any equivalent program offered in Lawrence County. Any program that meets applicable certification criteria and fully satisfies the order of the court shall be deemed equivalent. Enrollment in equivalent programs in lieu of programs administered by the commission shall be at the discretion of the defendant.
(Act 2024-320, §10.)
