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HB546 ENROLLED
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HB546
AR8LIQ7-2
By Representative Yarbrough (N & P)
RFD: Local Legislation
First Read: 03-Mar-26
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First Read: 03-Mar-26
Enrolled, An Act,
Relating to Lawrence County; to amend Section
45-40-233.75, Code of Alabama 1975, to revise the reporting
year upon which a surplus in the Lawrence County Community
Corrections and Court Services Fund may be paid over to the
General Fund of Lawrence County; to amend Section
45-40-233.77, Code of Alabama 1975, to revise the time in
which a percentage of an appearance bond is to be remitted to
the Lawrence County Community Corrections and Court Services
Fund; To amend Section 45-40-233.81, Code of Alabama 1975, to
revise the effective date on which a municipality may commence
participation in the temporary release and related programs;
and to repeal Act 1979-736, 1979 Regular Session (Acts 1979,
p. 1307).
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-40-233.75, Code of Alabama 1975,
is amended to read as follows:
"§45-40-233.75
(a) All amounts collected and deposited in the Lawrence
County Community Corrections and Court Services Fund shall be
expended for the implementation of this subpart , including,
but not limited to : (i) paying salaries and other expenses
involved in conducting investigations and studies necessary to
determine whether particular defendants will be granted the
benefits of this subpart; (ii) administration required to
carry out this subpart; (iii) transportation of defendants to
and from their places of employment; (iv) matching any federal
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and from their places of employment; (iv) matching any federal
and state grants that may be available in relation to the
purposes of this subpart; and (v) implementation and
administration of the treatment, rehabilitation, education,
intervention, and pretrial diversion programs created pursuant
to Section 45-40-233.79 as determined to be required by law or
consistent with the purposes of this subpart.
(b) If at the end of any calendar fiscal year there is a
surplus in the Lawrence County Community Corrections and Court
Services Fund, the surplus shall be paid to the General Fund
of Lawrence County if a majority of the commission members, by
affirmative vote, decide at a duly convened meeting of the
commission that the surplus, or any portion thereof, is in
excess of an amount necessary to carry out this subpart.
Section 2. Section 45-40-233.77, Code of Alabama 1975,
is amended to read as follows:
"§45-40-233.77
(a) AnyExcept as provided in subsection (b), any
individual in Lawrence County charged with a non-capital,
bailable offense, as a matter of right, mayshall be released
pending trial on his or her personal recognizance or upon the
execution of an appearance bond. However, if
(b) If a judge having jurisdiction determines that a
release will not reasonably assure the defendant's appearance
as required or that a defendant's being at-large will pose a
real and present danger to the public, the judge, either in
lieu of or in addition to the methods and conditions of
release specified in Rules 7.2(a) and 7.3 of the Alabama Rules
of Criminal Procedure, may:
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of Criminal Procedure, may:
(1) Require the defendant to execute an appearance bond
in a specified amount with 10 percent of the amount to be
deposited with the clerk of the court, in cash or other
security as directed, and 10 percent within 30 days of the
deposit, the clerk shall remit 10 percent of the deposit shall
be remitted within 10 days after the deposit to the Lawrence
County Commission for deposit distribution to the fund
established by Section 45-40-233.73, and thatshall return the
remainder of the deposit shall be returned by the clerk to the
defendant after he or she is discharged upon dismissal of the
pending charges or the imposition of sentence after
conviction; or
(2) Impose any additional condition deemed reasonably
necessary to assure appearance as required, including a
condition requiring the defendant return to custody after
specified hours.
(b)(c) In determining which methods and conditions of
release will reasonably assure the appearance of a defendant
as required or will protect certain individuals or the general
public from a defendant who poses a real and present danger,
the judge or magistrate, in addition to considering the
principles and guidelines set forth in Rules 7.2(a) and 7.3 of
the Alabama Rules of Criminal Procedure, shall bear in mind
that the purposes of this subpart are not only to assure the
presence of the defendant at trial, but also to assure that
all defendants, regardless of financial or social status,
shall not needlessly be detained pending appearance to answer
charges, or pending appeal, when detention serves neither the
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charges, or pending appeal, when detention serves neither the
ends of justice nor the public interest.
(c)(d) All amounts collected under this section shall
be paid into the Lawrence County Community Corrections and
Court Services Fund, unless payment is otherwise directed by
general law.
Section 3. Section 45-40-233.81, Code of Alabama 1975,
is amended to read as follows:
"§45-40-233.81
(a) Any municipality in Lawrence County may elect to
participate in the programs authorized by this subpart. The
election shall be evidenced by a resolution adopted by the
governing body of the municipality by which the municipality
agrees to participate in the programs authorized by this
subpart and to contribute any revenue arising from work
release programs authorized by this subpart to the Lawrence
County Community Corrections and Court Services Fund.
(b) A certified copy of the resolution shall be sent to
the Lawrence County Community Corrections and Court Services
Commission and the .
(c) The election shall be effective on the first day of
the calendar fiscal quarter next following delivery of the
resolution to the commission.
Section 4. Act 1979-736, 1979 Regular Session (Acts
1979, p. 1307), now appearing as Subpart 3, Part 4, Article
23, Chapter 40 of Title 45, Code of Alabama 1975, and
establishing a rehabilitation board and a work release
program, is repealed.
Section 5. This act shall become effective on October
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Section 5. This act shall become effective on October
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 10-Mar-26.
John Treadwell
Clerk
Senate 17-Mar-26 Passed
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