(a) The following words shall have the following meanings for the drug court program:

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Terms Used In Alabama Code 45-41-83.11

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(1) DRUG COURT TEAM. A diverse group of persons consisting of all of the following:

a. A circuit judge appointed by the board.
b. The district attorney or his or her designee.
c. A public defender or member of the criminal defense bar appointed by the board.
d. A law enforcement officer appointed by the board.
e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff’s office appointed by the board.
g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team.
(2) DRUG OFFENDER. A person charged with or convicted of an offense involving the use, abuse, or possession of drugs or drug paraphernalia. Such persons do not include those currently charged with or convicted of driving or boating under the influence in any state, local, municipal, or United States court.
(3) ELIGIBLE PERSON. A drug offender who has not been convicted or charged with a violent offense as defined in Section 45-41-83.01, who has made application to participate in the program, who has been approved by the district attorney, who is an appropriate candidate for participation in the program, who has executed a written waiver and agreement to participate in the program and to abide by the program rules, terms, and conditions, who has agreed to enter a guilty plea, and whose application has been processed, accepted, and approved by the drug court team. No person shall be deemed ineligible to participate on the basis of indigence alone.
(4) INELIGIBLE PERSON. A person who has made application to participate in the program and who is currently charged with or has been convicted of a violent offense as defined in Section 45-41-83.01 or a person who has not been approved by the district attorney, who has not executed a written waiver and agreement to participate in the program and to abide by program rules, terms, and conditions, who has not agreed to enter a guilty plea, and whose application has not been processed, accepted, and approved by the drug court team, or who is, or has otherwise become, an inappropriate candidate for participation as described herein.
(b) In reaching a determination as to eligibility, the drug court with jurisdiction may consider all prior convictions, juvenile or youthful offender adjudications, and all records regarding the current or previous criminal charges, and the behavior of the offender during any prior or current period of incarceration, probation, preadjudication or postadjudication supervision, in any prior or current drug treatment program or any prior or current period of participation in this or any other state, federal, municipal, or local drug court, probation, parole, pretrial diversion, or other community corrections program. Any current or prior criminal charges or convictions from any state, federal, municipal, or local jurisdiction shall be considered.
(c) If a person is ineligible based solely upon a previous conviction, that person may be allowed to become a participant with the consent of the District Attorney of Lee County and approval of a majority of the drug court team.
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