HB114 Alabama 2013 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Mike Hill
Republican
Session: Regular Session 2013
Title: Probation, courts authorized to contract with certain private entities to provide probation services for certain offenses, County and Municipal Probation Advisory Council created, membership and duties, qualifications of private probation officers specified, certain activity by private probation officers prohibited, penalties, confidentiality of records
Summary: HB114 would allow courts to contract with private entities to provide probation services for non-violent offenses, create a County and Municipal Probation Advisory Council to oversee standards, and regulate private probation officers and contracts.
What This Bill Does
It authorizes circuit and district court judges (and district judges in counties with a single district) to contract with private entities to supervise probation for non-violent offenses, with the district attorney’s consent; municipal courts can also contract with private entities. It creates the County and Municipal Probation Advisory Council to set uniform standards for private probation officers and contracts, register entities, require training, and issue annual reports to the Legislature, plus manage a dedicated fund. It imposes rules to limit private probation practices (for example, prohibiting requiring a specific alcohol or substance abuse program and enforcing confidentiality) and establishes penalties for violations. It sets funding streams (monthly fees from probationers, quarterly remittances to the council fund and Office of Prosecution Services), record-keeping, and a system for reporting and auditing, including an online database accessible to judges and prosecutors.

Who It Affects
Probationers/defendants: may be supervised by private probation companies, pay monthly supervision fees (if not indigent), and are protected by confidentiality rules; they cannot be assigned to a specific program chosen by the private provider and felonies are excluded from private supervision.
Private probation service providers: must register, meet uniform standards (staff qualifications, background checks, training, insurance), charge and remit fees, conduct quarterly reporting, and avoid conflicts of interest; non-compliance can lead to penalties or losing contracts.
Courts, prosecutors, and local governments: must oversee contracts with private providers, access records, receive quarterly and annual reports, and fund administration through dedicated council and prosecution services fees; they also have new reporting and transparency requirements.
Public and state agencies: gain oversight through the new council, access to confidential records under defined circumstances, and the potential impact of new local and state funding mechanisms.

Key Provisions
Authorizes presiding circuit/district court judges to contract with private entities to provide probation supervision and related services for non-violent offenses; municipal courts can contract via their court administrator; contracts require district attorney consent and are publicly accessible.
Creates the County and Municipal Probation Advisory Council, with diverse members (district attorney, judges, sheriff, municipal official, private probation officer, and others); the council adopts rules, registers entities, sets training standards, conducts compliance enforcement, and produces annual summaries.
Imposes a funding framework: private providers remit monthly fees ($0.50 per non-indigent offender to the Council Fund and $1 per non-indigent offender to the Office of Prosecution Services) and a $1 setup fee per offender; funds support the new council and its activities.
Establishes uniform standards for private probation officers (age, clean record, education/experience, orientation, ongoing training) and requires criminal background checks; providers must verify staff and maintain liability insurance; background checks must be conducted through appropriate criminal justice agencies.
Sets contract standards requiring clear terms on services, staff qualifications, fee disbursement, supervision frequency, indigent offender procedures, and termination procedures; contracts must include recordkeeping and reporting requirements.
Protects confidentiality of probation records and restricts access to specified state and local authorities; records transferred to the Department of Corrections remain accessible by appropriate agencies; online access to case histories is required for judges and prosecutors.
Prohibits private providers from engaging in opposing activities (e.g., other employment that interferes with duties, certain financial dealings with probationers, or ownership in related education or surety businesses) and prohibits directing specific alcohol or substance abuse programs.
Requires registration of private probation entities; non-registration is a Class A misdemeanor with civil penalties and possible contract revocation; the act also provides for professional standards and potential sanctions for violations.
Effective date: becomes law on the first day of the third month after passage; it notes a local expenditure exception under Amendment 621 to avoid requiring a 2/3 vote for local approvals.

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