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Alabama · Through Act 2026-611

Ala. Code § 45-58-233.39: Placement of Eligible Persons for Purpose of Obtaining and Working at Gainful Employment in Lieu of Incarceration; Conditions; Jail Credit; Escape.

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Where this section sits in the code
  1. Title 45 Local Laws.
  2. Chapter 58 Shelby County.
  3. Article 23 Sheriff.
  4. Part 4 Work Release and Community Corrections.
  5. Subpart 2 Shelby County Community Corrections Act of 2005.

(a) In lieu of incarceration, any judicial officer may order that any eligible person who, having been adjudicated for a criminal offense, probation violation, or violation of a suspended sentence, and who would otherwise be sentenced to incarceration, or any eligible person who would otherwise be incarcerated for violation of any previous civil or criminal court order, or for any failure to pay child support, or for failure to pay court ordered restitution, or for civil or criminal contempt of court, or for any other criminal or civil offense, be placed in Shelby County Community Corrections residential rehabilitation and work release center for the purpose of obtaining and working at gainful employment to enable the paying of fines, court costs, child support payments, family support payments, or any other court-ordered monies, or for any other purposes the judicial officer may deem conducive to rehabilitation or otherwise appropriate, for the time or intervals of time and under the terms and conditions as the judicial officer may order and in accord with all of Shelby County Community Corrections’ rules and procedures. The terms and conditions shall include, but shall not be limited to, the participant, during his or her participation in this residential program, abiding by all of Shelby County Community Corrections rules and procedures; the participant submitting to, paying for, and passing random drug and alcohol tests as directed by Shelby County Community Corrections; and the participant to offset the costs of such program paying a sum equal to 40 percent of his or her gross earnings earned while participating in this residential program and, if possible, establishing a payroll deduction for the payment of any sums due pursuant to this subpart, or establish that the employer pay the participant’s wages directly to Shelby County Community Corrections from which the sums can be taken before remitting the remainder to the participant.

(b) The judicial officer may also require the participant in this program to perform community service hours for nonprofit entities, civic organizations, or governmental agencies as directed and supervised by Shelby County Community Corrections. Failure to abide by any conditions may result in the participant’s arrest and the remainder of the sentence of incarceration being served.

(c) Any jail credit shall be calculated in the customary manner and deducted from the time ordered for participation in this residential program, unless otherwise ordered by the judicial officer. Any part of a day spent within the residential center under the order of the judicial officer shall be counted as a full day toward the serving of the sentence unless otherwise provided by the judicial officer. However, in no event shall the number of days in the program exceed the number of days in the original sentence. If any participant in this residential program willfully fails to report to this program as ordered, or who willfully fails to return to the program from a job or a temporary pass, then the failure and conduct shall be considered the same as an escape from a work release center.

Collected 2026-09-03T14:01:54Z. Source file · JSON

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