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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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38-12-37
Section 38-12-37 Application. (a) Applications for the program may be submitted by a prospective
kinship guardian. A written agreement between the prospective kinship guardian entering into
the program and the department shall precede the award of a kinship guardianship. The kinship
guardianship subsidy agreement and kinship guardianship subsidy shall become effective only
upon entry of an order of a court awarding kinship guardianship. The agreement shall specify,
at a minimum, the following: (1) The amount of, and manner in which, each kinship guardianship
assistance payment will be provided under the agreement, and the manner in which the payment
may be adjusted periodically, in consultation with the relative guardian, based on the circumstances
of the relative guardian and the needs of the child. (2) The additional services and assistance
that the child and relative guardian or successor guardian will be eligible for under the
agreement. (3) The procedure by which the relative...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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30-9-1
Section 30-9-1 Definitions. As used in this chapter the term domestic violence fatality review
team means an organization that includes, but is not limited to, representatives from the
following agencies or organizations: (1) Law enforcement agencies. (2) The Alabama State Law
Enforcement Agency, the Attorney General, and the President of the Alabama District Attorney's
Association, for state level teams or the district attorney of each judicial circuit for local
or regional teams. (3) The Alabama Department of Forensic Sciences. (4) Certified domestic
violence centers. (5) Child protection service providers. (6) The Administrative Office of
Courts. (7) The municipal and circuit clerks of the court. (8) Victim service programs. (9)
Providers of civil legal assistance to victims. (10) Child death review teams. (11) Members
of the business community. (12) County probation or corrections agencies. (13) Any other persons
who have knowledge regarding domestic violence fatalities, nonlethal...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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38-10-9
Section 38-10-9 Investigations by department as to location of parents and ability of parents
to furnish child support; authority to notify parent of support duty; falsification of report
as to parent's income, etc.; citation to require in-court testimony; employer's duty to provide
certain information. (a) The department is authorized and empowered to conduct investigations
to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the
location, income, and assets including real or personal property or income producing property
of parents alleged or known to have a child support obligation. (c) The department is authorized
and empowered to notify a parent of his legal duty to provide support and to require information
concerning his financial status in order to determine whether or not he is financially able
to provide support. (d) Such notice may inform the...
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