HB71 Alabama 2021 Session

Under existing law, a district attorney in a judicial circuit may establish a pretrial diversion program and the presiding judge of a judicial circuit, with the approval of the district attorney, may establish a drug court

This bill would establish the Accountability Court Commission and provide for the duties of the commission, including the development, coordination, and dissemination of evidence based best practices regarding the participation and requirements of diversion programs

Relating to diversion programs; to add a new Chapter 23B to Title 12, Code of Alabama 1975; to create the Accountability Court Commission within the judicial branch of government; to provide the duties of the commission; to provide for the appointment and terms of its members; and to provide for the reporting of information relating to diversion programs.

Section 1

Chapter 23B, commencing with Section 12-23B-1, is added to Title 12, Code of Alabama 1975, to read as follows: Chapter 23B. §12-23B-1. As used in this chapter, the term "diversion program" includes a drug court, mental health court, veterans court, pretrial diversion program, or any other specialty court that uses an evidence based immediate and highly structured intervention process for eligible defendants or juveniles that incorporates mental health professionals, substance abuse professionals, local social programs, and intensive judicial monitoring. §12-23B-2. (a) There is created within the judicial branch as an agency of the Supreme Court of Alabama the Accountability Court Commission. (b) The commission shall be responsible for all of the following duties: (1) To develop and update statewide evaluation plans and models for establishing and monitoring all critical aspects of diversion programs. (2) To develop, coordinate, and disseminate evidence based best practices regarding the participation and requirements of diversion programs. The evidence based best practices shall periodically be reviewed and revised by the commission. (3) To make recommendations to improve diversion programs. (4) To establish a plan to increase participation in diversion programs while maintaining the voluntary nature. (5) To develop and maintain a diversion program database. (6) To monitor the diversion programs according to the evidence based best practices established by the commission. §12-23B-3. (a) The commission shall consist of the following voting members: (1) A judge of the court of criminal appeals, active or retired, appointed by the Chief Justice of the Supreme Court, who shall serve as the chair. (2) Two circuit judges, active or retired, appointed by the President of the Alabama Association of Circuit Court Judges. One circuit judge shall be from a judicial circuit that primarily includes a large urban area and one circuit judge shall be from a judicial circuit that primarily includes rural areas. (3) Two district judges, active or retired, appointed by the President of the Alabama Association of District Courts Judges. One district judge shall be from a judicial circuit that primarily includes a large urban area and one district judge shall be from a judicial circuit that primarily includes rural areas. (4) The Attorney General, or his or her designee. (5) Two district attorneys appointed by the President of the Alabama District Attorneys' Association. One district attorney shall be from a judicial circuit that primarily includes a large urban area and one district attorney shall be from a judicial circuit that primarily includes rural areas. (6) Three members of the Alabama State Bar, appointed by the President of the Alabama State Bar. (7) The Commissioner of the Department of Mental Health, or his or her designee. (8) The Commissioner of the Department of Veterans Affairs, or his or her designee. (9) One attorney licensed to practice in this state, appointed by the Chair of the House Judiciary Committee. (10) One attorney licensed to practice in this state, appointed by the Chair of the Senate Judiciary Committee. (11) One attorney licensed to practice in this state, appointed by the President of the Alabama Criminal Defense Lawyers Association. (12) The Chief Justice of the Supreme Court, or his or her designee. (13) The Director of Pardons and Paroles, or his or her designee. (14) The Executive Director of the Alabama Sentencing Commission, or his or her designee. (b)(1) Appointed members of the commission shall serve terms of four years and may be reappointed for a second term. Members of the commission who serve because of their public office or position shall serve only as long as they hold the office or position. (2) A member appointed to fill a vacancy on the commission which occurs before the expiration of the term for which his or her predecessor was appointed shall only serve the remainder of the term. (3) The commission may elect a vice chair and other officers as necessary from its membership. (4) The commission shall hold an initial organizational meeting within 120 days of the effective date of the act adding this chapter and shall meet quarterly thereafter. Additional meetings may be called by the chair or by a majority vote of its members. (5) Members of the commission may participate in a meeting by means of telephone conference, video conference, or similar communications equipment, if all persons participating in the meeting may hear each other at the same time. Participation by these means shall constitute presence at the meeting for all purposes, including the establishment of a quorum. (6)a. The commission may appoint an executive director and other staff to implement and administer the duties and responsibilities of the commission. b. The executive director and other staff shall receive compensation and benefits in an amount established by the commission, payable in the same manner as is provided for other state employees. (c) The appointing authorities of the commission shall coordinate their appointments to assure the commission membership is inclusive and reflects the racial, gender, geographic, urban/rural, and economic diversity of the state. §12-23B-4. (a) Members of the commission shall serve without compensation. (b) Members of the commission are entitled to reimbursement for expenses while on official business of the commission or attending its meetings. Expenses shall be paid as follows: (1) The expenses of the members representing state or local government departments or agencies may be paid out of any funds available for travel in their respective departments or agencies. (2) The expenses of the other members may be paid out of funds available to the commission for travel and shall be reimbursed in accordance with Sections 36-7-20 to 36-7-22, inclusive. §12-23B-5. (a) Each diversion program shall collect and maintain all of the following general information relating to participants: (1) Total number of participants at the beginning of each month. (2) Total number of participants at the end of each month. (3) Total number of participants who began the program in the month. (4) Total number of participants who successfully completed the diversion program in the month. (5) Total number of participants who left the program prior to completion, including the reason why the participant left the program. (6) Total number of participants who were arrested for a new criminal offense, excluding minor traffic infractions, while in the diversion program. (7) Total number of participants who were convicted for a new criminal offense while in the diversion program. (8) Total number of participants who committed at least one violation while in the diversion program and any resulting sanctions. (b) Each diversion program shall collect and maintain all of the following information for each participant: (1) Name of the participant. (2) Participant's date of birth. (3) Criminal statute or municipal ordinance violated. (4) Prior criminal history. (5) Prior treatment history, including information on the success or failure of the offender in those programs. (6) Employment, education, and income histories. (7) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (8) Cost of the program to the participant, including, but not limited to, all of the following: a. Application fee. b. Evaluation fees. c. Participation or administration fee. d. Drug or alcohol testing. e. Supervision fee. f. Counseling or class fees. g. Court cost or attorneys' fees assessed. h. Any other fees paid by the offender while participating in a diversion program. (9) Any additional information as required by the commission. (c) Each diversion program shall submit the information in subsections (a) and (b) to the commission by the 15th of each month. (d) The commission shall report the information collected pursuant to subsection (a) annually to the House Judiciary Committee, the Senate Judiciary Committee, and the Administrative Director of Courts. §12-23B-6. By January 1, 2022, the commission shall adopt a plan for the transition of each diversion program to evidence based best practices established by the commission. All pretrial diversion programs in existence on the effective date of the act adding this code section and created under Section 12-17-226.1 or a local law, shall continue unabated, and the reporting requirements of the programs under Section 12-23B-5 shall transition to the commission. §12-23B-7. The Administrative Office of Courts, in consultation with the commission, shall adopt rules as are necessary to implement and administer this chapter.

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.