HB348 Alabama 2010 Session

Summary

Primary Sponsor

Terry Spicer

Democrat

Co-Sponsors

John W. RogersKen GuinJames E. BuskeyMarcel BlackYvonne KennedyOliver RobinsonChris EnglandJames O. GordonRod Scott

Session

Regular Session 2010

Title

Drug courts, presiding judge of judicial circuit with consent of district attorney authorized to establish, drug offenders, screening, treatment, support services, and drug testing, referrals to certain programs for treatment, Administrative Office of Courts required to assist in planning, developing, and implementing of drug courts, Drug Offender Accountability Act

Summary

HB348 creates and governs drug courts in Alabama, allowing circuit judges to set up programs that screen, treat, monitor, and supervise drug offenders as an alternative to traditional punishment, with state support and accountability.

What This Bill Does

It authorizes presiding judges, with the district attorney's consent, to establish drug courts to address a drug offender's substance abuse as a condition of release or diversion. It requires screening, treatment, support services, and drug testing, with referrals to Department of Mental Health-certified programs, and directs the Administrative Office of Courts to assist in planning and implementing these courts. It mandates the Ten Key Components, defines program structure (pre-adjudication, post-adjudication, or reentry tracks), and allows incentives and sanctions; it also sets up data collection, reporting, and oversight to measure effectiveness and costs, while protecting confidentiality and providing civil immunity for participants and staff.

Who It Affects

• Drug offenders charged with or convicted of drug-related offenses who may participate in drug court and undergo screening, treatment, testing, and potential alternative dispositions.
• Judges, district attorneys, defense lawyers, law enforcement, court staff, community corrections, treatment providers, and state agencies (AOC and Department of Mental Health) who plan, operate, supervise, fund, and evaluate drug courts.

Key Provisions

• Presiding judges in each circuit may establish a drug court with the consent of the district attorney, addressing substance abuse as a condition of release or diversion and operating under this act and Supreme Court rules.
• Participation requires written agreement and consent from both the district attorney and the court; entry can occur pre-adjudication, post-adjudication, reentry, probation violation, or combination.
• The court may grant incentives or impose sanctions; sanctions can include incarceration or expulsion if the offender is not performing or not benefiting from treatment.
• Upon successful completion, dispositions may include nolle prosequi, probation, deferred/suspended/split sentencing, or reduced incarceration, with records maintained for state judges and prosecutors while protecting juvenile records from public disclosure.
• Drug courts must include the Ten Key Components (integrated treatment, non-adversarial stance, early identification, continuum of care, abstinence monitoring, coordinated response, ongoing judicial contact, evaluation, ongoing education, and partnerships).
• Cases are calendared on dedicated drug court dockets; local drug court teams or advisory committees must be established, and staffing prior to sessions should occur to guide decisions on incentives or sanctions.
• Eligibility is restricted for certain offenders (e.g., pending violent charges, violent felony convictions with weapon use, sex offender status, or drug distribution/manufacturing/trafficking) and CDL holders are excluded; local programs may add restrictions.
• Interstate transfers are allowed under the Interstate Compact for Adult Offender Supervision, with written, signed agreements by all parties before transfer.
• AOC provides statewide planning, coordination, recommendations, and oversight; annual reports are required to assess need, implementation, and cost-effectiveness, and evaluate key performance measures.
• Drug courts must collect standardized data on admissions, outcomes, costs, treatment histories, and recidivism, with confidential handling of treatment records and regular audits of finances.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Drug Courts