This bill would provide standards for contracts relating to private probation services and qualifications for private probation officers, including criminal history record checks.
This bill would authorize the presiding judge of any circuit or district court, or the district judge in a county with only one district judge, to contract with private business entities to provide probation services for offenses other than violent felony offenses.
This bill would authorize the court administrator of any municipal court to contract with private business entities to provide probation services for criminal convictions in its court.
This bill would create the County and Municipal Probation Advisory Council to review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts and submit a report with its recommendations to the Legislature, to adopt rules relating to qualifications and training of private probation officers, to provide for registration of entities providing private probation services, and to produce an annual report related to private probation services.
This bill would preclude business entities providing private probation services from specifying, either directly or indirectly, a particular alcohol or substance abuse program that a probationer may or is required to attend, and would provide criminal penalties for violations.
This bill also would provide for the confidentiality of records generated by private probation officers, with access to these records granted to certain state agencies.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Judiciary first Amendment Offered
Pending third reading on day 29 Favorable from Judiciary with 1 amendment
Holtzclaw table Holtzclaw motion to recommit adopted Roll Call 842
Read for the second time and placed on the calendar 1 amendment
Bussman motion to table Smitherman motion to rerefer adopted Roll Call 695
Smitherman motion to rerefer
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 977
Motion to Adopt adopted Roll Call 976
Public Safety and Homeland Security Amendment #2 Offered
Motion to Adopt adopted Roll Call 975
Public Safety and Homeland Security Amendment #1 Offered
Motion to Adopt adopted Roll Call 974
Public Safety and Homeland Security first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and 2 amendments
Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
Source: Alabama Legislature