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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have
the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as
a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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13A-11-70
Section 13A-11-70 Definitions. For the purposes of this division, the following terms shall
have the respective meanings ascribed by this section: (1) PISTOL. Any firearm with a barrel
less than 12 inches in length. (2) CRIME OF VIOLENCE. Any of the following crimes or an attempt
to commit any of them, namely, murder, manslaughter, (except manslaughter arising out of the
operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to
ravish, assault with intent to murder, robbery, burglary, and kidnapping. "Crime of violence"
shall also mean any Class A felony or any Class B felony that has as an element serious physical
injury, the distribution or manufacture of a controlled substance, or is of a sexual nature
involving a child under the age of 12. (3) PERSON. Such term includes any firm, partnership,
association or corporation. (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §172;
Acts 1947, No. 616, p. 463, §1; Acts 1951, No. 784, p. 1378; Code...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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41-9-603
Section 41-9-603 Effect of article upon other provisions of law, etc. (a) In the event of conflict,
this article shall, to the extent of the conflict, supersede all conflicting parts of existing
statutes which regulate, control or otherwise relate, directly or by implication, to the collection,
storage and dissemination or usage of fingerprint identification, offender criminal history,
uniform crime reporting and criminal justice activity data records or any conflicting parts
of existing statutes which relate, directly or by implication, to any other provisions of
this article. (b) The provisions of this article shall not alter, amend or supersede the statutes
and rules of law governing the collection, storage, dissemination or usage of records concerning
individual juvenile offenders in which they are individually identified by name or other means
until such time as the Alabama Legislature provides legislation permitting the collection,
storage, dissemination or usage of records...
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45-28-82.30
Section 45-28-82.30 Disposition of funds. All fees paid to the district attorney by offenders
pursuant to this subpart shall be paid into the District Attorney's Solicitor Fund. The district
attorney shall disburse 10 percent to the Sheriff of Etowah County to be deposited into the
Law Enforcement Fund, and 10 percent, if the Sixteenth Judicial Circuit has one, to an approved
child advocacy center. The remainder of the funds shall be used to pay costs associated with
the administration of the pretrial diversion program or for any other law enforcement purpose.
Costs associated with program administration shall include, but shall not be limited to, salaries,
rent, vehicles, uniforms, telephones, postage, office supplies and equipment, training and
travel services, service contracts, or professional services. The district attorney may pay
for services or programs for an offender while the offender is in the pretrial division program
if special circumstances and justice dictate. (Act...
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13A-6-45
Section 13A-6-45 Interference with custody. (a) A person commits the crime of interference
with custody if he knowingly takes or entices: (1) Any child under the age of 18 from the
lawful custody of its parent, guardian or other lawful custodian, or (2) Any committed person
from the lawful custody of its parent, guardian or other lawful custodian. "Committed
person" means, in addition to anyone committed under judicial warrant, any neglected,
dependent or delinquent child, mentally defective or insane person or any other incompetent
person entrusted to another's custody by authority of law. (b) A person does not commit a
crime under this section if the actor's sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) Interference with custody is a Class C felony. (Acts 1977, No. 607, p. 812,
§2215; Acts 1983, No. 83-571, p. 877.)...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State Law Enforcement
Agency shall implement a system of active and passive electronic monitoring that identifies
the location of a monitored person and that can produce upon request reports or records of
the person's presence near or within a crime scene or prohibited area, the person's departure
from specified geographic limitations, or curfew violations by the offender. The Director
of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement
and administer this system of active electronic monitoring including establishing policies
and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education may revoke
any certificate issued under this chapter when the holder has been guilty of immoral conduct
or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State Superintendent
of Education shall immediately revoke any certificate issued under this chapter when the holder
is convicted of capital murder or any Class A felony, including, but not limited to, rape,
murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or second degree,
pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or second degree, pursuant
to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant to Section 13A-6-65.1. (4) Sexual
abuse in the first or second degree, pursuant to...
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30-3-172
Section 30-3-172 Request for hearing; purpose of hearing; notification of decision; appeal;
suspension of license. (a) Upon receipt of a request for a hearing, the department shall schedule
a hearing for the purpose of determining if withholding, restricted use, or suspension of
the obligor's license is appropriate. The department shall stay withholding, restricted use,
or suspension of the license pending the outcome of the hearing. The hearing shall be for
the purpose of contesting the determination of the department of all of the following: (1)
That the obligor is at least six months delinquent in child support payments. (2) That the
obligor has not entered into a payment plan approved by the department. (3) If appropriate,
that the obligor has failed to comply with a warrant or subpoena relating to a paternity or
child support case. (4) That the withholding, restricted use, or suspension of the license
is appropriate. No evidence with respect to the appropriateness of the support...
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45-1-82.02
Section 45-1-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the circuit or district court of the Nineteenth
Judicial Circuit may apply to the district attorney for admittance to the pretrial diversion
program. (b) A person charged with any of the following offenses may apply for admission into
the program: (1) A traffic offense. (2) A property offense. (3) An offense wherein the victim
did not receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex...
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