Section 44-1-26

(Repealed subject to the satisfaction of contingencies specified in Act 98-392) Salary subsidies for probation services; juvenile probation officers; responsibilities of Department of Human Resources.

(a) The Department of Youth Services shall provide salary subsidies for juvenile probation services to all Alabama counties.

(1) The department shall allocate salary subsidies to counties for juvenile probation officers on the basis of one salary subsidy per 15,000 population or fraction thereof. The department shall use the last federal decennial census for these calculations. If there are counties with a population less than 30,000 which do not provide matching funds, the department may fully subsidize one probation officer per county.

(2) The department shall expend funds to provide a salary subsidy of twenty-two thousand dollars ($22,000) or one-half of the total salary actually paid to a juvenile probation officer, whichever is greater, for the number of probation officers subsidies provided to a county in the formula in subdivision (1). However, this subsidy shall be paid to the counties only for juvenile probation officers authorized and employed. Employment for purposes of this subdivision includes temporary vacancies of 30 days or less.

Salary rates and ranges for juvenile probation officers shall be established by county personnel boards, county commissions, or any other local entities. These salary rates and ranges shall be adjusted to reflect a minimum salary for juvenile probation officers of twenty-two thousand dollars ($22,000) effective October 1, 1994. In adjusting the salary rates and ranges of juvenile probation officers, no county shall reduce the portion it pays for any probation officer's salary below the salary level in effect on January 1, 1994.

(3) The provisions of subdivision (2) shall apply for juvenile probation officers employed before or on September 30, 1994. Any juvenile probation officers first employed on or after October 1, 1994, shall be paid at least the minimum salary of twenty-two thousand dollars ($22,000) with the county providing one-half of the salary authorized for the new employees and the remaining half provided by the state.

(b) The Department of Youth Services shall establish and promulgate reasonable minimum standards for certification of juvenile probation officers. All funds expended by the department will be contingent upon the recipients of the funds meeting the standards established by the department.

(c) The responsibilities of the Department of Human Resources exercised pursuant to law relating to probation, parole, and foster care services to a minor who is an adjudicated delinquent shall cease effective January 1, 1976, it being the intention of the Legislature that these functions shall be performed by the Department of Youth Services. Any responsibilities of the Department of Human Resources relating to probation services to a court when a petition alleging delinquency has been filed shall cease effective January 1, 1976. The authority of the Department of Human Resources to continue to give services and provide foster care for a child who is dependent, neglected, or under insufficient guardianship shall continue and the Department of Human Resources, if appointed by a court of competent jurisdiction, shall perform the functions of a probation officer of the court in cases involving children who are dependent, neglected, under insufficient guardianship, and otherwise handicapped children.

(Acts 1973, No. 816, p. 1261, §8; Acts 1994, 1st Ex. Sess., No. 94-829, p. 168, §1.)