Alabama § 12-23A-2 - Definitions.

§ 12-23A-2. Definitions.

As used in this chapter, the following words have the following meanings:

(1) ACCOUNTABILITY COURT. A judicial intervention program for offenders including, but not limited to, those who are: (i) veterans; (ii) in need of substance abuse services; or (iii) in need of mental health services, in the criminal division of the circuit or district court that incorporates the evidence based programs as set forth in the policies and procedures adopted by AOC, and may include any of the following:

a. Pre-adjudication. Participation in accountability court before acceptance of a plea of guilty or conviction.

b. Post-adjudication. Participation in accountability court after entering a plea of guilty or having been found guilty.

c. Reentry. Participation in accountability court upon release from a sentence of incarceration.

d. Combination program. Includes pre-adjudication, post-adjudication, and reentry.

(2) ACCOUNTABILITY COURT TEAM. Members who are assigned to the accountability court as set forth in the policies and procedures adopted by AOC.

(3) AOC. The Administrative Office of Courts.

(4) CONTINUUM OF CARE. A seamless and coordinated course of substance abuse education and treatment or other evidence based programs designed to meet the needs of offenders who are: (i) veterans; (ii) in need of substance abuse services; or (iii) in need of mental health services as they move through the criminal justice system and beyond, maximizing self-sufficiency.

(5) CO-OCCURRING. A substance abuse and mental health disorder.

(6) MEMORANDUM OF UNDERSTANDING. A written document setting forth an agreed upon procedure.

(7) OFFENDER. An individual charged with or convicted of: (i) a drug-related offense; (ii) an offense in which substance abuse is determined from the evidence to have been a significant factor in the commission of the offense; or (iii) an offense in which mental illness is determined from the evidence to have been a significant factor in the commission of the offense, or a veteran for whom substance abuse or mental illness is determined from the evidence to have been a significant factor in the commission of the offense, and who has applied for or been accepted to participate in an accountability court program.

(8) RELAPSE. A return to substance use after a period of abstinence from substance abuse or the recurrence of a prior mental illness by an offender.

(9) SPLIT SENTENCING. A sentence that includes a period of incarceration followed by a period of probation.

(10) SUBSTANCE. Includes all of the following:

a. A controlled substance, drug, or other substance for which a medical prescription or other legal authorization is required for purchase or possession.

b. A drug whose manufacture, sale, use, or possession is forbidden by law.

c. Other harmful substance, a misused substance otherwise legal to possess, including alcohol.

(11) SUBSTANCE ABUSE. The illegal or improper consumption of a drug.

(12) TREATMENT. The application of an evidence based program professionally planned, managed, administered, and monitored for the purpose of alleviating, minimizing, and stabilizing the effect of substance abuse or mental illness and restoring impaired functionality.

(13) VIOLENT OFFENSE. As defined in Section 12-25-32.