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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a
hearing on a delinquency petition on its merits and after notifying, verbally or in writing,
the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer
a child for criminal prosecution to the circuit or district court, if the child was 14 or
more years of age at the time of the conduct charged and is alleged to have committed an act
which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining
whether it is in the best interests of the child or the public to grant the motion. Only if
there are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-203.htm - 5K - Match Info - Similar pages
12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-208.htm - 10K - Match Info - Similar pages
12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203
or the juvenile court otherwise orders in the interests of the child or of national security,
the law enforcement records and files with respect to the child shall not be open to public
inspection nor their contents disclosed to the public. (b) Law enforcement records and files
described in subsection (a) shall be open to inspection and copying by the following: (1)
A juvenile court having a child currently before it in any proceeding. (2) Personnel of the
Department of Human Resources, the Department of Youth Services, public and...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports,
and information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as
petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including
but not limited to: a. Records of juvenile probation officers. b. Records of the Department
of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e.
Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition
studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j.
Education records, including, but not limited to, individualized education plans. k. Detention
records. l. Demographic information that identifies a child or the family of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-133.htm - 7K - Match Info - Similar pages
32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages
12-15-61
Section 12-15-61 Definitions; facilities to be used for detention or shelter care of
children generally; when delinquent child, etc., may be detained in jail or other facility
for detention of adults; notification of court, etc., when child received at facility for
detention of adult offenders or persons charged with crimes; development of statewide system;
department to subsidize detention in regional facilities, may contract for detention; transfer
of child to detention facility, etc., when case transferred from juvenile court for criminal
prosecution. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 12-15-208 BY
ACT 2008-277, EFFECTIVE JANUARY 1, 2009. (Acts 1975, No. 1205, p. 2384, §5-122; Acts 1990,
No. 90-674, p. 1304, §9; Acts 1991, No. 91-634, p. 1192, §1; Acts 1996, No. 96-570, p. 864,
§1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-61.htm - 1K - Match Info - Similar pages
15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and
phrases shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost
of detention of children as determined from experience in Alabama and as computed by the Department
of Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency
or child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-201.htm - 2K - Match Info - Similar pages
12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender
review panel; facility and programs. (a) The juvenile court may find a child to be a serious
juvenile offender if: (1) The child is adjudicated delinquent and the delinquent act or acts
charged in the petition would constitute any of the following if committed by an adult: a.
A Class A felony. b. A felony resulting in serious physical injury as defined in subdivision
(14) of Section 13A-1-2. c. A felony involving deadly physical force as defined in
subdivision (6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7)
of Section 13A-1-2; or a dangerous instrument as defined in subdivision (5) of Section
13A-1-2. (2) The child has been adjudicated delinquent for an act which would constitute a
Class A or B felony or burglary in the third degree involving a residence and the child has
previously been adjudicated delinquent of two previous acts which would have been a Class
A or B felony or...
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