SB410 Alabama 2010 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Co-Sponsor

Roger Bedford, Jr.

Session

Regular Session 2010

Title

Drug courts, presiding judge of judicial circuit 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, civil immunity, Drug Offender Accountability Act

Summary

SB410 creates the Alabama Drug Offender Accountability Act, authorizing presiding judges to establish drug courts to address substance abuse as a condition of release, with screening, treatment, testing, referrals to DMH-certified programs, state planning support, and civil immunity for participants and providers.

What This Bill Does

It allows each judicial circuit’s presiding judge (with district attorney consent) to set up a drug court that handles a drug offender’s substance abuse as part of release or diversion. The program includes offender screening, treatment, support services, and drug testing, with referrals to Department of Mental Health–certified treatments. The Administrative Office of Courts will assist in planning and developing drug courts, provide guidance, and extend civil immunity to those delivering services and working with the courts.

Who It Affects

• Drug offenders who may participate in drug courts: receive screening, treatment, support services, and drug testing as part of their court-ordered program; eligibility and ongoing participation are determined by the court and related rules.
• Judges, district attorneys, public defenders, drug court coordinators, law enforcement, community corrections, treatment providers, and DMH and AOC staff: have roles in establishing, operating, funding, supervising, and evaluating the drug courts, including staffing, reporting, and compliance with Ten Key Components.

Key Provisions

• Authorizes presiding judges in each circuit, with district attorney consent, to establish one or more drug courts to address a drug offender's substance abuse as a condition of various release or diversion options.
• Requires drug courts to include screening, treatment, support services, and drug testing, with referrals to Department of Mental Health–certified treatment programs.
• Directs the Administrative Office of Courts to assist in planning, implementing, and developing drug courts, to make recommendations on legal/policy/procedural issues, and to provide civil immunity for participants and program personnel.
• Requires drug courts to follow the U.S. Justice Department’s Ten Key Components, including integration of services, non-adversarial processes, early identification, a continuum of care, ongoing judicial interaction, and collaboration with public agencies.
• Establishes local drug court teams (and possibly advisory committees) and sets up dedicated dockets; requires staffing before court sessions and a written agreement for participation.
• Imposes regular, random, observed drug testing with prompt reporting of results; maintains confidentiality of test results and related information.
• Sets eligibility and admission rules, including disqualifications for violent felonies, weapons offenses, sex offender status, and certain drug-related offenses; allows reentry and transfer between courts under specific conditions.
• Provides for transfer of drug offenders between courts, with written agreements among all parties and adherence to interstate transfer rules when applicable.
• Implements funding, accounting, and auditing provisions for drug court operations, including uniform accounting systems, fees, indigency waivers, and annual audits by the Department of Public Accounts.
• CDL holders are ineligible for drug court participation; the act becomes effective after a set waiting period post-enactment.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Drug Courts