(2) Is not benefiting from education, treatment, or rehabilitation. (1) Is not performing satisfactorily in drug court. (d) The court may impose reasonable sanctions under the written agreement or may incarcerate or expel the offender from the program if the court finds that the drug offender:
(4) Has not violated the terms and conditions of the agreement. (2) Is benefiting from education, treatment, and rehabilitation. (1) Is performing satisfactorily in drug court.
(c) The court may grant reasonable incentives under the written agreement if the court finds that the drug offender: A drug offender may participate in a pre-adjudication, post-adjudication, reentry, probation violation, or combination program. (b) Participation in drug court shall require the consent of the district attorney and the court and shall be pursuant to a written agreement. Notwithstanding the foregoing, all drug courts shall comply with this chapter and rules promulgated by the Alabama Supreme Court. (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. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court. (a)(1) The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility.
#ALABAMA JUDICIAL CONSENT CODE#
The ruling noted that only 1.38% of minors received abortions through court orders in Alabama.AL Code § 12-23A-4 (2013) What's This? Section 12-23A-4 Establishment of drug court participation incentives and sanctions components drug court team and advisory committee coordinator. The judges also found that the state failed to explain how the challenged provisions “offer pregnant minors any kind of guidance or assistance.” Attorneys for the state claimed that the law provided bypass courts with sufficient evidence and information to make informed and proper decisions. “Going to court can be intimidating for minors in any setting, but that is particularly true for minors who seek judicial authorization for an abortion, which requires placing in the government’s hands a decision that will change the course of one’s life forever,” the panel wrote. They concluded in Wednesday’s ruling that the challenged provisions are unconstitutional because they present substantial obstacles to a minor’s right to an abortion, while providing “incremental benefits at best.” There is no indication that the prior judicial-bypass procedures - in place for over 20 years - were deficient or led to uninformed bypass decisions, the appeals court found. Circuit Judges Charles Wilson, a Bill Clinton appointee, Adalberto Jordan, a Barack Obama appointee and Patrick Higginbotham, a Ronald Reagan appointee who usually presides at the Fifth Circuit, made up the 11th Circuit panel. Critics of the law, including the state’s only abortion provider Reproductive Health Services who challenged the provisions in court, claimed it turned a bypass procedure - usually a quick, private affair in the chambers of a judge - into a de facto trial.Ī federal judge struck down the law in July 2017, and the Alabama Court of Civil Appeals later reversed the judge’s decision to block a minor’s abortion, stating that the judge applied the law incorrectly. In 2014, Alabama’s Parental Consent Act went into effect, adding more roles to a judicial proceeding for a girl seeking to get an abortion without the consent of her parents. “We see no problem that the new law helps to cure,” the three-judge panel wrote in the 60-page opinion upholding a lower court order that found the challenged provisions unconstitutional and unenforceable. (CN) - Alabama cannot enforce a set of amendments to a law allowing a minor to seek approval from a judge instead of her parents for an abortion, the Eleventh Circuit ruled Wednesday in yet another setback to the state’s long-litigated parental consent act.