(a) The following words, when used in this chapter, shall have the meanings ascribed to them below, unless the context clearly indicates a different meaning:

(1) LAW ENFORCEMENT and CRIMINAL JUSTICE. Any activity pertaining to crime prevention, control or reduction or enforcement of the criminal law, including, but not limited to, police efforts to prevent, control or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation or parole authorities and programs relating to the prevention, control or reduction of juvenile delinquency or alcoholism, narcotic and drug addiction.

(2) STATE. The State of Alabama and all political subdivisions thereof.

(3) UNIT OF GENERAL LOCAL GOVERNMENT or UNIT OF LOCAL GOVERNMENT. Any city, county, township, town, borough, village or other general purpose political subdivision of the State of Alabama which performs law enforcement functions as determined by the United States Secretary of the Interior, or as may be otherwise defined by the Alabama Law Enforcement Planning Agency.

(4) COMBINATION. Such term, as applied to state agencies or departments or units of local government, means any grouping or joining together of such state agencies, departments or units for the purpose of preparing, developing or implementing a law enforcement plan.

(5) METROPOLITAN AREA. A standard metropolitan statistical area as established by the Bureau of the Budget of the United States, subject, however, to such modifications and extensions as the Law Enforcement Assistance Administration may determine to be appropriate from time to time.

(6) PUBLIC AGENCY. Any state agency or state department or unit of local government, combination of such state agencies, departments or units or any department, agency or instrumentality of any of the foregoing described state agencies, units or departments within the State of Alabama.

(7) JUVENILE CORRECTIONAL INSTITUTION or FACILITY. Any place for the confinement or rehabilitation of juvenile offenders or individuals charged with or convicted of criminal offenses.

(8) COMPREHENSIVE. The plan must be a total and integrated analysis of the problems regarding the law enforcement and criminal justice system within the State of Alabama; goals, priorities and standards must be established in the plan and the plan must address methods, organization and operation performance, physical and human resources necessary to accomplish crime prevention, identification, detection and apprehension of suspects, adjudication, custodial treatment of suspects and offenders and institutional and noninstitutional rehabilitative measures.

(9) TREATMENT. Such term includes, but is not limited to, medical, educational, social, psychological and vocational services, corrective and preventive guidance and training and other rehabilitative services designed to protect the public and benefit the addict or other user by eliminating his dependence on addicting or other drugs or by controlling his dependence, his susceptibility to addiction or use.

(10) ACRONYMS. The acronyms as used herein are as follows:

a. ALEPA. The Alabama Law Enforcement Planning Agency.

b. LEAA. The Law Enforcement Assistance Administration.

c. RPU. Regional Planning Unit.

(11) STATE BOARD. The Alabama Law Enforcement Planning Agency's State Supervisory Board.

(12) REGIONAL BOARDS. The regional advisory planning boards and the high crime commission's advisory board.

(13) SAFE STREETS ACT. The Omnibus Crime Control and Safe Streets Act of 1968, as amended.

(14) CENTRAL OFFICE. The ALEPA office in Montgomery, Alabama.

(a) There is hereby established within the executive department of the State of Alabama, under the general authority, policy direction and general control of the chief executive, the Governor of the State of Alabama, an Alabama Law Enforcement Planning Agency (hereinafter referred to as the agency or ALEPA or the administrative agency) composed of a staff which shall carry out the planning and administrative functions of said agency.

(b) Central responsibility for the development, maintenance, operation and administration of the Alabama Law Enforcement Planning Agency shall be vested with the director of ALEPA under the general overview of the ALEPA State Supervisory Board.

(c) The director shall maintain the necessary staff along with support services necessary to enable the effective and efficient performance of the duties and responsibilities ascribed to ALEPA herein.

The ALEPA staff of the central office, the staff of the regional units and the high crime commission as presently employed by the authority of an executive order of the Governor and personnel presently under the supervision and direction of ALEPA which are employed under planning grants to other agencies shall be encompassed within this chapter, and shall, by virtue of this chapter, be considered to meet the requirements of the agency in terms of education, training and experience, and shall automatically be placed within the state Merit System with all the rights and privileges thereof and shall enjoy the same employment and retirement privileges and rights as the Legislature may determine from time to time or as may be otherwise determined by law or administrative rule or regulation according to the rules and regulations of the Personnel Department of the State of Alabama which shall be consistent with the Omnibus Crime Control and Safe Streets Act of 1968, as amended. All new future employees of ALEPA shall be required to meet the requirements of the state Merit System.

All present employees of ALEPA shall remain in their respective positions and continue to enjoy employment conditions, including, but not limited to, salary range and advancement at a level no less than those enjoyed prior to the enactment of this chapter. However, nothing herein shall be construed to prevent or preclude the removal of an employee for cause in the manner provided by law.

(a) The ALEPA Director shall:

(1) Supervise and be responsible for the administration of the policies established by the state supervisory board in accordance with the Safe Streets Act and LEAA regulations and guidelines.

(2) Establish, consolidate or abolish any administrative subdivision within the Alabama Law Enforcement Planning Agency and appoint and remove for cause the heads thereof, and delegate appropriate powers and duties to them.

(3) Establish and administer programs and projects for the operation of ALEPA.

(4) Appoint and remove employees of ALEPA as provided by law and delegate appropriate powers and duties.

(5) Make rules and regulations for the management and the administration of policies of ALEPA and the conduct of employees under his jurisdiction.

(6) Collect, develop and maintain statistical information, records and reports as the state supervisory board may determine relevant to the functions of ALEPA.

(7) Execute and carry out the provisions of all contracts, leases and agreements authorized by the state supervisory board with agencies of federal, state or local governments, corporations or persons.

(8) Perform such additional duties as may be assigned to him by the state supervisory board, the chairperson of the board, the Governor or by law.

(b) The ALEPA director is authorized to accept block grants, discretionary grants or any other funds from the federal government or state government as pertains to law enforcement and the criminal justice system, including juvenile justice and juvenile delinquency prevention, or any other federal grant designated by the Governor.

(c) The ALEPA director shall have the authority to administratively reject any subgrant application which is not in compliance with the state comprehensive plan, the state supervisory board policy directives, the Safe Streets Act or LEAA requirements or is incorrect in regard to fiscal computations, and if no funds are available under the program area for which applied.

(a) There is hereby established a State Supervisory Board of the Alabama Law Enforcement Planning Agency, hereinafter called 'the state board,' which shall be subject to the jurisdiction of the Governor of the State of Alabama.

(b)(1) There is hereby created within the executive branch the Alabama Law Enforcement Planning Agency (ALEPA), the state supervisory board and the executive committee, which shall be under the jurisdiction of the Governor. The state supervisory board shall consist of not more than 45 members appointed by the Governor. The members shall be selected from among residents of the state who are representative of the criminal justice system, including, but not limited to, police agencies, the judiciary, prosecutorial and defense council, adult correctional and rehabilitative agencies and juvenile justice agencies; state and general local government; public and private agencies related to the criminal justice system; and private citizens. The board must be of representative character in accordance with LEAA guidelines.

(2) The executive committee shall consist of not more than 30 members appointed by the Governor. The members shall be selected from the state supervisory board membership and must be of representative character in accordance with the LEAA guidelines.

(3) Of the members first appointed by the Governor after May 4, 1978, one third shall serve for a term of two years, one third shall serve for a term of four years and one third shall serve for a term of six years; provided, that a member appointed to succeed another member whose term has not expired shall be appointed for a period of the unexpired term. Should any member cease to be an officer or employee of the unit or agency he is appointed to represent, his membership on the state supervisory board and/or executive committee shall terminate immediately and a new member shall be appointed in the same manner as his predecessor to fill the unexpired term. Other vacancies occurring, except those by the expiration of a term, shall be filled for the balance of the unexpired term in the same manner as the original appointment within 90 days of the vacancy.

(4) Members of the state supervisory board and executive committee shall serve without compensation, except payment of their expenses may be paid in accordance with the applicable state travel regulations.

(5) The Governor shall appoint a chairperson for the state supervisory board and executive committee. A vice-chairperson shall be selected by the state supervisory board and executive committee from among its members and shall serve as chairperson in the event of the chairperson's absence.

(6) The executive committee shall appoint a director who shall be responsible for the administration of the Alabama Law Enforcement Planning Agency (ALEPA) as required by the terms of this chapter and the federal criminal justice programs as directed by the Governor.

The qualifications of the director shall be established by the executive committee in coordination with the State Personnel Department under its rules and regulations for establishing the position under the state Merit System.

(a) The state supervisory board shall have authority to:

(1) Adopt bylaws governing the organization and operation of the state board;

(2) Adopt internal management rules and regulations governing the exercise of its powers and the fulfillment of its purposes under this chapter and the Safe Streets Act of 1968, as amended;

(3) Delegate to one or more of its members such powers and duties as it may deem proper;

(4) Coordinate and jointly pursue its activities with the central state planning and administrative office;

(5) Appoint and abolish such advisory committees as may be necessary for the performance of its functions and delegate appropriate powers and duties to them;

(6) Conduct research and stimulate research by public and private agencies which shall be designed to improve the administration of criminal justice;

(7) Accept and administer loans, grants and donations from the federal government, its agencies, the State of Alabama, its agencies and from other sources, public and private, for carrying out any of its functions;

(8) Enter into, as applicable under Alabama state laws, contracts, leases and agreements necessary, convenient or desirable for carrying out its purposes and the powers granted under this chapter with agencies of state and local government, corporations or persons;

(9) Acquire, hold and dispose of personal property in the exercise of its powers;

(10) Delegate any duty, responsibility or power to the Director of ALEPA as it may deem proper; and

(11) Do all things necessary to carry out its purposes and for the exercise of the powers granted in this chapter and the Safe Streets Act of 1968, as amended.

(b)(1) The Alabama Law Enforcement Planning Agency and its state supervisory board shall have the power and authority to review, approve or disapprove all plans and all applications for subgrants which pertain to law enforcement and the criminal justice system, including juvenile delinquency and prevention. ALEPA will serve as the state clearinghouse for all criminal justice plans and subgrant applications;

(2) Should any part of this chapter be construed to be in conflict with Executive Order Number 23 pursuant to Sections 11-85-50 through 11-85-56 and Section 11-85-58, which established state planning and development districts, then to the extent that said Sections 11-85-50 through 11-85-56 and Section 11-85-58 apply to law enforcement and criminal justice, including juvenile justice, and the state boards and regional boards and as to boundaries, powers and authority of said boards, and to that extent only, shall be repealed by this chapter, otherwise to remain in full force and effect.

(3) The state comprehensive plan, the part B planning grant plan and any other block grant plans shall be submitted to the Alabama Development Office for review and approval in regard to environmental impact in accordance with the National Environmental Policy Act;

(4) All discretionary grants shall be submitted to the Alabama Development Office and to the respective regional development district for an environmental evaluation;

(5) Any subgrant application submitted to ALEPA which proposes construction or major renovation, or any other purpose specified in the National Environmental Policy Act, 28 C.F.R., 19.6 and 19.7 shall be submitted to the Alabama Development Office and the respective regional development district for an environmental evaluation.

(a) The executive committee of the state supervisory board shall have the authority to review, approve or disapprove all applications for subgrants presented to it by the ALEPA staff, either in whole or in part; provided, that an applicant may appeal the action of the executive committee to the state supervisory board in accordance with rules and regulations established by the state supervisory board.

(b) The executive committee shall have the authority to appoint the Director of ALEPA as provided for within this chapter.

(a) The regional planning units (RPUs), with boundaries as established April 22, 1969, shall be continued and established by virtue of this chapter. The regional planning units, as designated below, shall be and are hereby officially established for the purpose of regional planning, accepting and review of applications pertaining to law enforcement and the criminal justice system, including juvenile justice and delinquency prevention within their respective regions, and to assist the ALEPA central office in planning, coordination and implementation of plans.

The county lines shall be the boundaries of the regions, and the regions shall include the counties as indicated below:

Region One: Lauderdale, Colbert, Franklin, Limestone, Lawrence, Madison, Morgan, Jackson, Marshall, DeKalb and Cullman.

Region Two: Marion, Lamar, Fayette, Pickens, Tuscaloosa, Greene, Hale, Bibb, Sumter and Marengo.

Region Three: Winston, Walker, Blount, St. Clair, Shelby and Chilton.

Metro 1 - High Crime Commission: Jefferson.

Region Four: Cherokee, Etowah, Calhoun, Talladega, Cleburne, Clay, Randolph, Coosa, Tallapoosa and Chambers.

Region Five: Perry, Dallas, Autauga, Elmore, Wilcox, Lowndes, Montgomery, Macon, Lee, Russell, Bullock, Butler, Crenshaw and Pike.

Region Six: Choctaw, Clarke, Washington, Monroe, Conecuh, Mobile, Baldwin and Escambia.

Region Seven: Barbour, Henry, Dale, Coffee, Covington, Geneva and Houston.

(b)(1) The composition of the regional planning advisory boards shall incorporate the general representative character elements prescribed for the state supervisory board in Section 41-8A-5 and shall not consist of more than 30 members. In addition, regional boards shall be comprised of a majority of local elected officials.

(2) The members of the regional planning advisory boards shall be appointed by the Governor and the Governor shall appoint the chairperson of said regional boards. The membership of each board shall select a vice-chairperson and fiscal officer.

(3) The staff of each regional planning unit shall consist of a planning coordinator and staff necessary to carry out the duties of the regional unit.

(4) The ALEPA Director shall have complete supervision of the regional planning unit staff.

(5) The ALEPA Director shall have the authority to increase or decrease the staff in all regional planning units as necessary due to workloads and/or funds available. The ALEPA Director shall have the authority to temporarily assign any personnel within any of the regional planning units to other duties outside his/her RPU if the need arises.

(6) The ALEPA Director shall have the power to consolidate regions if feasible and desirable, depending upon workloads and funds available.

(a) The regional advisory board shall have authority to:

(1) Adopt bylaws governing the organization and operation of the board and the regional planning units in accordance with ALEPA bylaws.

(2) Adopt internal management rules and regulations.

(3) Accept, administer and account for allocation of funds for the operation of the board and the planning units.

(4) Enter into, as applicable under Alabama state laws, contracts, leases and agreements necessary, convenient and desirable for carrying out its purpose under this chapter and the Safe Streets Act; provided, that any such contract, lease or agreement must have prior approval of the ALEPA Director and must be countersigned by the director.

(5) Review all subgrant applications at the local level from within its region which pertain to law enforcement or criminal justice, including juvenile justice and delinquency prevention; provided, that the regional advisory board only has the authority to recommend approval/disapproval to the state supervisory board.

(b) The requirements in regard to the National Environmental Act set out in subdivisions (4) and (5) of subsection (b) of Section 41-8A-6 shall also apply to the regional advisory boards and RPUs.

(c) The regional planning units shall submit a regional plan each year to the ALEPA central office in accordance with instructions and guidelines from the central office.

(d) The regional advisory boards shall be responsible for the RPUs' operations being in compliance with policy directives of the state supervisory board, requirements of the Safe Streets Act and LEAA regulations.

(e) The members of the regional advisory boards shall serve without compensation.

(f) The members of the regional advisory board shall be entitled to receive reimbursement for any reasonable actual expense incurred as necessary and incident to such services. Applicable state regulations in regard to travel and per diem shall apply.

(a) The regional planning units shall prepare and submit budgets each year to the ALEPA central office for the operational expenses, equipment, salaries and other maintenance costs of the regional advisory board and the regional planning units. Funds for the operation of these RPUs shall be allocated to each RPU by the central office of ALEPA. Also planning funds may be allocated to individual units of government or agencies by the state supervisory board. The minimum amount of such funds shall be governed by the requirements established in the Safe Streets Act and/or LEAA regulations under the requirements known as 'pass-through' funds to local units of government or combinations thereof for planning purposes.

(b) The salaries and travel expenses of the regional planning units, even though they may be paid through the state office for accounting purposes, are chargeable to and become a part of the regional budgets. Any equipment purchased by the central ALEPA office, for procurement reasons, or any other expense paid by the central ALEPA office for the use of or benefit of the RPUs shall be charged to each respective RPU and shall become a part of the regional budget.

An individual may serve as a member of the state supervisory board and as a member of the regional advisory board simultaneously. It is possible for one board member to represent more than one element or interest.

Annually, the Alabama Law Enforcement Planning Agency shall present to the Governor a request for funds based on projected needs of the agency, together with a budget showing proposed expenditures, and the Governor may include in his appropriation bill a request for funds to meet the financial needs of the agency.

(a) The provisions of this chapter are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith.

(b) Should any provision of this chapter be found to be in conflict with the Omnibus Crime Control and Safe Streets Act of 1968, as amended, then, and in that event only, the Safe Streets Act shall be deemed to prevail, and to such limited extent this chapter is abridged and is subject to the provisions of the Safe Streets Act.