12-15-125
Section 12-15-125 Taking into custody of children generally. (a) A child or minor may be taken into custody for any of the following reasons: (1) Pursuant to an order of the juvenile court. (2) By a law enforcement officer having reasonable grounds to believe that the child or minor has run away from a juvenile detention, residential, shelter, or other care facility. (3) By a law enforcement officer having reasonable grounds to believe that the child or minor is suffering from an illness or injury or is in immediate danger from the surroundings of the child or minor and that the immediate removal of the child or minor from those surroundings is necessary for the protection of the health and safety of the child or minor. (b) In addition to the grounds listed in subsection (a), a child may also be taken into custody for any of the following reasons: (1) By a law enforcement officer for an alleged delinquent act pursuant to the laws of arrest; (2) By a law enforcement officer who has...
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12-15-220
Section 12-15-220 Orders of disposition not to be deemed convictions, impose civil disabilities, etc.; disposition of child and evidence in hearing not admissible in another court. (a) An order of disposition or other adjudication in a proceeding pursuant to subsection (a) of Section 12-15-114 shall not be considered to be a conviction or impose any civil disabilities ordinarily resulting from a conviction of a crime or operate to disqualify the child in any civil service application or appointment. (b) The disposition of a child and evidence given in a hearing in the juvenile court shall not be admissible as evidence against him or her in any case or proceeding in any other court, whether before or after reaching majority, except in a dispositional hearing in a juvenile court or in sentencing proceedings after conviction of a crime for the purposes of a presentence study and report or for consideration of an application for youthful offender status. (Acts 1975, No. 1205, p. 2384,...
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12-17-24.1
Section 12-17-24.1 Family court divisions; implementation plan. (a) Except as provided in subsection (c), the presiding circuit judge of any judicial circuit may establish by means of a written order, a family court division or divisions of the judicial circuit. The presiding circuit judge shall assign one or more of the existing circuit or district judges to preside in the family court division. The circuit or district court judges assigned to the family court division shall handle all cases and proceedings involving domestic relations, divorces, annulments of marriage, legal separations, custody and support of children, granting and enforcement of alimony, proceedings under any uniform interstate support or custody act, and all other domestic and marital matters over which the circuit courts have jurisdiction, including non-support cases arising in the circuit court under Chapter 3 and Chapter 4, Title 30, as well as other matters within the jurisdiction of the juvenile court. In the...
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15-18-5
Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial. (a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections. (b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth Services in a juvenile court for a felony or a misdemeanor for a set period of time or as a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile court shall order that the delinquent child be credited with all of his or her actual time spent detained prior to or subsequent to adjudication for the offense. The actual time spent detained shall be certified by a juvenile probation officer...
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34-21-91
Section 34-21-91 Injunctive proceedings by boards against persons violating article. Both the State Board of Medical Examiners and the Board of Nursing in addition to the powers and duties otherwise expressed in this article, may commence and maintain in their own names in any circuit court having jurisdiction of any person within this state who is unlawfully engaging in advanced practice nursing as a certified registered nurse practitioner or a certified nurse midwife action in the nature of quo warranto as provided for in Section 6-6-590, et seq., to order the person to cease and desist from continuing to engage in these areas of advanced practice nursing within the State of Alabama, and jurisdiction is conferred upon the circuit courts of this state to hear and determine all such cases. The boards may commence and maintain such actions without the filing of bond or security and without the order or direction of a circuit judge. An injunction shall be issued upon proof that the...
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13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person, corporation, or other legal entity who engages in any act or practice that violates this article is liable for a civil penalty of up to fifty thousand dollars ($50,000) for each violation. (b) Any person, corporation, or other legal entity who violates the terms of an injunction or order issued under this article shall forfeit and pay a civil penalty of not more than seventy-five thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose of this section, any court issuing an injunction or order under this article shall retain jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties. (c) Upon a second or continuing violation of an injunction after imposition of the sanctions in subsection (b), and upon petition by the Attorney General,...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any of the following: (1) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child. (2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged to be delinquent. (3) The release of the child would present a...
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12-15-209
Section 12-15-209 Children to be released when full-time detention or shelter care not required; conditions imposed upon release; amendment of conditions or return of child to custody upon failure to conform to conditions imposed. (a) When the juvenile court finds that full-time detention or shelter care of a child is not required, the juvenile court shall order the release of the child, and in so doing, may impose one or more of the following conditions: (1) Place the child in the custody of a parent, legal guardian, legal custodian, or any other person whom the juvenile court deems proper, or place the child with a department, agency, or organization agreeing to supervise the child. (2) Place restrictions on the travel, association, or place of abode of the child during the period of his or her release, or place the child under electronic or telephone monitoring, if available. (3) Impose any other condition deemed reasonably necessary and consistent with the criteria for detaining...
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12-26-7
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing. (a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following: (1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited relief. (2) Whether the petitioner has previously applied for an order of limited relief in any jurisdiction and whether an order has been granted previously. (3) A list specifying the convictions and collateral consequences to which the order should apply. (b) Once a petition has been filed, the circuit clerk shall serve the petition on the occupational licensing board, as defined in Section 41-9A-1, or other entity responsible for the collateral consequence that the petitioner is seeking relief from. Once service is made, the court shall review available presentence and other reports on the defendant and may order a...
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15-20A-27
whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric profiles indicate a risk of recidivism. (5) The relationship between the juvenile sex offender and the victim. (6) The particular facts and circumstances surrounding the offense. (7) The level of planning and participation in the offense. (8) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury. (9) The number, date, and nature of prior offenses. (10) The response to treatment of the juvenile sex offender. (11) Recent behavior, including behavior while confined or while under supervision in the community. (12) Recent threats against persons or expressions of intent to commit additional crimes. (13) The protection of society. (14) Any other factors deemed relevant by the court. (b) If the sentencing court determines that the juvenile sex offender shall be subject to notification,...
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