Section 45-52-234.29 - Morgan County Community Corrections and Court Services Commission(a) There is created a body to be known as the Morgan County Community Corrections and Court Services Commission, hereinafter called the commission. The commission shall be composed of 10 individuals, including the following: the Chair of the Morgan County Commission; the Sheriff of Morgan County; the District Attorney of the Eighth Judicial Circuit; a circuit judge from the Eighth Judicial Circuit to be appointed by the presiding judge of the circuit; a judge of the District Court of Morgan County to be appointed by the presiding district court judge in Morgan County; a person appointed by the City Council of the City of Decatur; a person appointed by the City Council of the City of Hartselle; the officer in charge of the Alabama Probation and Parole Office in Morgan County; the Circuit Court Clerk of Morgan County; and one of the judges of the following municipalities which have municipal courts, each of whom shall serve on a rotating basis for one fiscal year in the following order: Eva, Falkville, Priceville, Somerville, and Trinity.(b) The commission shall have the duty to implement this subpart and to generally superintend all administrative functions pursuant hereto, subject, however, to duly promulgated rules of court of the circuit and district judges of Morgan County. The commission shall not be empowered to direct any judicial officer in the exercise of his or her judicial functions. The commission, subject to any applicable laws pertaining to the employment and dismissal of county employees, shall have the power to employ and dismiss personnel employed to carry out this subpart, except judicial officers, and to direct and supervise such personnel. All personnel employed by the commission who have been certified by the Alabama Peace Officers' Standards and Training Commission shall have the same authority and powers as are vested in deputy sheriffs and all other peace officers of the State of Alabama. Such personnel shall be responsible to the commission and shall perform all duties assigned to them by the commission.(c) The commission shall have the authority to contract with one or more individuals or nonprofit corporations to serve as executive director for purposes of administering this subpart. The contractor shall serve at the pleasure of the commission and shall operate all of the programs authorized by the commission in accordance with the fiscal procedures generally applicable to the operation of instrumentalities of the State of Alabama, with full public disclosure and accountability. The commission shall be subject to periodic audits in accordance with applicable requirements of law and shall comply with any and all laws and regulations relating to the disbursement and expenditure of public funds.(d) The commission shall make a continuing study of all activities conducted pursuant to this subpart and shall recommend to the Legislature any changes which it deems to be appropriate in the law to carry out and facilitate the purpose of this subpart.(e) No agreement for the merger of the work release program or any other program hereafter created pursuant to this subpart with any similar program operated by the Department of Corrections or any other department, agency, or bureau of the state shall be effective without the approval of the commission and, unless approved by the commission, shall be of no force and effect.(f) The commission is designated as the agency to apply for, receive, and administer any grants of funds by the United States government or any agency thereof; the State of Alabama or any agency thereof; or any private or quasi governmental foundation, corporation, firm, or agency if such grants or funds are available for the uses and purposes for which the commission is organized. All funds received to the account of the commission shall be deposited to the fund established by Section 45-52-234.23, and shall be disbursed by the Morgan County Commission upon vouchers submitted by the commission's chair or the executive director designated by the commission.(g) The commission shall elect a chair from among its membership and shall make its own rules for conducting its affairs. All meetings of the commission shall be in the Morgan County Courthouse and shall be held at the call of the duly elected chair. The chair shall be required to call a meeting of the commission upon the request in writing of any four members of the commission.(h) The commission is authorized to establish, operate, fund (and to set administrative fees to fund) alternative sentencing programs, educational programs, intervention programs, and treatment programs such as pretrial release programs, supervised electronic detention programs, domestic violence offender programs, court referral programs, driver safety programs, and other programs to serve the courts of the Eighth Judicial Circuit and may collect the fees from any person ordered by the courts to complete a program administered by the commission. The authority to establish the fees to fund the programs shall rest exclusively with the commission. All fees collected shall be transmitted to the Morgan County Commission for deposit into the fund established pursuant to Section 45-52-234.23 and shall be expended in accordance with the terms and provisions of this subpart. Notwithstanding the establishment of such fees, any judge of the Eighth Judicial Circuit may waive the payment or collection of any administrative fee, or any portion thereof, associated with a defendant's assignment to a program administered by the commission. Any person who, upon court order, enrolls in any educational program, intervention program, or treatment program administered by the commission, shall at the time of enrollment be notified of any fees associated with the program and shall be notified of the location and cost of any equivalent program offered in Morgan County. Any program which meets applicable certification criteria and fully satisfies the order of the court shall be deemed equivalent. Enrollment in equivalent programs in lieu of programs administered by the commission shall be at the discretion of the defendant.Ala. Code § 45-52-234.29 (1975)
Act 2004-544, p. 1150, § 10.