HB114 Alabama 2013 Session

This bill would provide standards for contracts relating to private probation services and qualifications for private probation officers, including criminal history record checks

This bill would authorize the presiding judge of any circuit or district court, or the district judge in a county with only one district judge, to contract with private business entities to provide probation services for offenses other than violent felony offenses

This bill would authorize the court administrator of any municipal court to contract with private business entities to provide probation services for criminal convictions in its court

This bill would create the County and Municipal Probation Advisory Council to review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts and submit a report with its recommendations to the Legislature, to adopt rules relating to qualifications and training of private probation officers, to provide for registration of entities providing private probation services, and to produce an annual report related to private probation services

This bill would preclude business entities providing private probation services from specifying, either directly or indirectly, a particular alcohol or substance abuse program that a probationer may or is required to attend, and would provide criminal penalties for violations

This bill also would provide for the confidentiality of records generated by private probation officers, with access to these records granted to certain state agencies

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to probation, to authorize the presiding circuit or district judges or the district judge in counties with only one district court judge to contract with private entities for probation services for persons convicted of certain offenses; to authorize the court administrator of a municipal court to contract with private entities for probation services for persons convicted of certain offenses; to create the County and Municipal Probation Advisory Council to review standards for contracts related to private probation services and qualifications of private probation officers and make recommendations to the Legislature; to authorize the council to adopt rules relating to the qualifications and training of private probation officers; to require the council to make an annual report; to prohibit certain activities by private probation officers and to provide for criminal penalties for certain violations; to provide for confidentiality of certain records; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.