§ 15-18-170 Short title
§ 15-18-171 Definitions
§ 15-18-171.1 Community Corrections Division
§ 15-18-172 Establishment of program; funding; rules and regulations; participation in program; alternatives
§ 15-18-173 Goals
§ 15-18-174 Powers, duties, authority of department
§ 15-18-175 Eligibility; exclusion; sentencing
§ 15-18-176 Submission and format of plan; application process and procedures; participation voluntary
§ 15-18-177 Drafting of plan
§ 15-18-178 Eligibility for contracts or grants; common facilities and cost sharing
§ 15-18-179 Application for incorporation; certificate of incorporation; amendment; board of directors; dissolution; funding; competitive bidding laws not applicable
§ 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate wages
§ 15-18-180.1 Utilization of faith-based or nonprofit treatment services
§ 15-18-181 Administrative costs; uniform accounting system; reports and records audited annually
§ 15-18-182 Eligibility for continued grant funding; additional incentive funding; noncompliance with plan
§ 15-18-183 Recovery of damages; exemption from civil liability
§ 15-18-184 Authority to maintain general liability insurance
§ 15-18-185 Inmate with medical condition in which treatment exceeds $2,000 to be transferred to department
§ 15-18-186 State-County Community Corrections Partnership Fund

Terms Used In Alabama Code > Title 15 > Chapter 18 > Article 9

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier. See Alabama Code 28-9-2
  • ALCOHOLIC BEVERAGES: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, and shall include liquor, beer, and wine. See Alabama Code 28-3-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • ANCILLARY BUSINESS: A business owned by a wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 28-9-2
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • APPLICATION PROCESS AND PROCEDURES: The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and the monitoring, evaluation, and review of programs funded herein. See Alabama Code 15-18-171
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons. See Alabama Code 28-3-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • board: The board of directors of the authority or the board of directors of a nonprofit entity. See Alabama Code 15-18-171
  • board: The Alcoholic Beverage Control Board. See Alabama Code 28-3-1
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • commissioner: The Commissioner of the Department of Corrections. See Alabama Code 15-18-171
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • community: The county or counties comprising one or more judicial circuits. See Alabama Code 15-18-171
  • COMMUNITY PUNISHMENT AND CORRECTIONS AUTHORITY: A public corporation organized pursuant to the provisions of this article. See Alabama Code 15-18-171
  • COMMUNITY PUNISHMENT AND CORRECTIONS PLAN: A document prepared by the county commission or an authority, or nonprofit entity, and submitted to the Department of Corrections in accordance with the requirements set forth in the application process and procedure, which identifies proposed community-based programs to be implemented within the county in accordance with the terms of this article and justifies the funding of such programs with regard to local need and community support. See Alabama Code 15-18-171
  • COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM: Any program designed as an alternative to incarceration and maintained by a county commission or an authority or nonprofit entity for the purpose of punishing and for correcting a person convicted of a felony or misdemeanor or adjudicated a youthful offender and which may be imposed as part of a sanction, including, but not limited to confinement, work release, day reporting, home detention, restitution programs, community service, education and intervention programs, and substance abuse programs. See Alabama Code 15-18-171
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • corporation: A corporation or joint stock association organized under the laws of this state, the United States, or any other state, territory or foreign country, or dependency. See Alabama Code 28-3-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • COUNTY COMMISSION CHAIRPERSON: The chair of the county commission or his or her representative. See Alabama Code 15-18-171
  • COUNTY INMATE: A person convicted of a misdemeanor. See Alabama Code 15-18-171
  • court: The trial judge exercising sentencing jurisdiction over an eligible offender under this article and includes any successor of the trial judge. See Alabama Code 15-18-171
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: The Department of Corrections. See Alabama Code 15-18-171
  • Dependent: A person dependent for support upon another.
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise, by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 28-9-2
  • division: The Community Corrections Division of the department. See Alabama Code 15-18-171
  • eligible: A person who has committed an offense not excluded by subdivision (14) and who meets the criteria of Section 15-18-175. See Alabama Code 15-18-171
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • EXCLUDED FELONY OFFENDERS: One who is convicted of any of the following felony offenses: Murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, trafficking in controlled substances, robbery in the first degree, burglary in the first degree, manslaughter, sexual abuse in the first degree, forcible sex crimes, sex offenses involving a child as defined in Section 15-20A-4, or assault in the first degree if the assault leaves the victim permanently disfigured or disabled. See Alabama Code 15-18-171
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 28-9-2
  • GOVERNING BODY: With respect to a county, its county commission or other like governing body exercising the legislative functions of a county. See Alabama Code 15-18-171
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • importer: Any person, association, or corporation engaged in importing alcoholic beverages, liquor, wine, or beer, manufactured outside of the United States of America into this state or for sale or distribution in this state, or to the board or to a licensee of the board. See Alabama Code 28-3-1
  • incorporators: The persons forming a public corporation pursuant to this article. See Alabama Code 15-18-171
  • Intestate: Dying without leaving a will.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine. See Alabama Code 28-3-1
  • manufacturer: Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board. See Alabama Code 28-3-1
  • month: means a calendar month. See Alabama Code 1-1-1
  • NONPROFIT ENTITY: Any not-for-profit organization, agency, or other entity other than a community punishment and corrections authority that provides treatment, guidance, training, or other rehabilitation services to individuals, families, or groups in such areas as health, education, vocational training, special education, social services, psychological counseling, and alcohol and drug treatment. See Alabama Code 15-18-171
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • person: Every natural person, association, or corporation. See Alabama Code 28-3-1
  • plan: The community punishment and corrections plan defined in subdivision (7). See Alabama Code 15-18-171
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 1-1-1
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Quorum: The number of legislators that must be present to do business.
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 28-9-2
  • recipient: Any entity receiving directly or indirectly any financial grant or contractual remuneration under this article. See Alabama Code 15-18-171
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • renovation: The repair, remodeling, alteration, or expansion of existing buildings or structures to make them habitable or suitable for community punishment and corrections program operations, and includes the acquisition and installation of necessary equipment. See Alabama Code 15-18-171
  • restitution: Payment to the victim who has suffered financial losses as a result of a crime. See Alabama Code 15-18-171
  • retailer: Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer. See Alabama Code 28-3-1
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 28-9-2
  • SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement. See Alabama Code 28-9-2
  • STATE INMATE: A person convicted of a felony. See Alabama Code 15-18-171
  • Statute: A law passed by a legislature.
  • supplier: A manufacturer or importer of beer licensed by the board. See Alabama Code 28-9-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • USER FEES: Fees assessed against an offender under a community punishment and corrections program to help defray the costs of such programs. See Alabama Code 15-18-171
  • VICTIM SERVICE OFFICER: A person employed to directly assist crime victims and their families with court attendance, restitution, compensation, property return, victim impact statements, and other needs expressed. See Alabama Code 15-18-171
  • wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only. See Alabama Code 28-3-1
  • wholesaler: A wholesaler of beer licensed by the board. See Alabama Code 28-9-2
  • wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice. See Alabama Code 28-3-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
  • YOUTHFUL OFFENDER: A person adjudicated as a youthful offender. See Alabama Code 15-18-171