Alabama § 12-23A-4 - Establishment of Accountability Court; Participation.

§ 12-23A-4. Establishment of Accountability Court; Participation.

(a)(1) The presiding judge of each judicial circuit may establish an accountability court to appropriately address the identified substance abuse disorder, mental illness, or other issue of the offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each accountability court may differ and should be based upon the specific needs of and resources available to the judicial circuit where the accountability court is located, but shall be created and operate pursuant to this chapter and in compliance with policies and procedures adopted by AOC.

(2) Nothing in this chapter shall affect the authority of the district attorney to establish a deferred prosecution program or a pretrial diversion program within his or her judicial circuit or affect his or her ability to nolle prosse a particular case.

(b) Participation of an offender in an accountability court shall require the consent of the district attorney and the court and shall be pursuant to a written agreement. An offender may participate in a pre-adjudication, post-adjudication, reentry, probation violation, or combination program.

(c) Upon successful completion of an accountability court, an offender’s case shall be disposed of by the judge in the manner prescribed by the applicable policies and procedures adopted by the accountability court. This may include, but is not limited to, withholding criminal charges, nolle prosse of charges recommended by the district attorney, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. Records of all dispositions shall be maintained and be available to judges and prosecutors statewide. This subsection does not authorize the disclosure of youthful offender or juvenile records to the general public.

(d) Nothing contained in this chapter shall confer a right, or an expectation of a right, to participate in an accountability court, nor does it obligate the accountability court to accept every offender. Neither the establishment of any accountability court nor anything in this chapter shall be construed as limiting the discretion of the district attorney. Nothing in this chapter shall be construed to prohibit the authority of the district attorney to file a petition to remove the offender from the accountability court for good cause shown. Each accountability court judge may establish rules and may make special orders and rules, as necessary, that do not conflict with this chapter or policies and procedures adopted by AOC.

(e) Any agency charged with supervising an offender under accountability court jurisdiction shall timely forward information to the accountability court concerning the progress and compliance of the offender with any court imposed terms and conditions.