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12-15-217
Section 12-15-217 Notice of delinquent acts. (a) Notwithstanding subsection (a) of Section
12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has
been found delinquent of an act which if committed by an adult would be a Class A or B felony
or any other crime, at the discretion of the juvenile court, shall be provided within seven
days to the superintendent of the school district of attendance, or, if the child attends
a private school, to the principal of the school. The juvenile court shall provide the notice
using whatever method it deems appropriate or otherwise as decided by the Administrative Office
of Courts. The prosecutor may recommend to the juvenile court that notice be given to the
school for any delinquent act. Written notice shall include only the offenses, enumerated
by the appropriate code section and brief description, found to have been committed
by the child and the disposition of the case involving the child. Where applicable, this...
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13A-8-152
Section 13A-8-152 Penalties. (a) Any person violating any of the provisions of this
article shall be guilty of a Class B misdemeanor. However, if the offense involves five or
more unlawful telecommunication devices, the person shall be guilty of a Class C felony. (b)
The court shall, in addition to any sentence authorized by law, sentence a person convicted
of violating this article to make restitution to any telecommunication service provider wishing
restitution. (c) A telecommunication service provider aggrieved by a violation of this article
may, in a civil action in any court of competent jurisdiction, obtain appropriate relief,
including preliminary and other equitable or declaratory relief, compensatory and punitive
damages, reasonable investigation expenses, costs of suit, and attorney fees as are provided
by law. (Acts 1996, No. 96-499, p. 630, §3.)...
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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If,
from the examination before the district or circuit court judge, it appears that the person
held is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from
justice, the judge must commit him to jail by a warrant reciting the accusation for such a
time specified in the warrant as will enable the arrest of the accused to be made under a
warrant of the Governor on a requisition of the executive authority of the state having jurisdiction
of the offense, unless the accused gives bail as provided in Section 15-9-43, or until
he shall be legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise
requires, have the meanings ascribed to them in this section. When not inconsistent
with the context, words used in the present tense include the future, words in the singular
number include the plural number, and words in the plural number include the singular number,
and the word "shall" is always mandatory and not merely directory: (1) CHILD. Any
person under 19 years of age, a person under the continuing jurisdiction of the juvenile court
pursuant to Section 12-15-117, or a person under 21 years of age in foster care as
defined by the Department of Human Resources. (2) CHILD-CARE INSTITUTION or INSTITUTION FOR
CHILD CARE. A child-care facility where more than 10 children are received and maintained
for the purpose of providing them with care or training or both, or transitional living program
services, but does not include: a. Any institution for child care which is under the ownership
or control,...
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12-12-60
Section 12-12-60 Electronic uniform non-traffic citation and complaint. (a)(1) Whenever
any person is arrested for a violation of any non-traffic offense enumerated in Rule 20, Appendix
B of the Alabama Rules of Judicial Administration, as adopted by the Supreme Court of Alabama,
the arresting officer, unless otherwise provided in this section, shall take the name
and address of the person and the license number or identification number of his or her motor
vehicle or vessel, as appropriate, and shall issue a summons or otherwise notify him or her
in writing to appear at a time and place to be specified in such summons, notice, or electronic
uniform non-traffic citation and complaint (eUNTCC). (2) For purposes of this section,
eUNTCC means a ticket that is electronically generated and printed at the site of a violation.
Only violations enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration
may be electronically transmitted to the court. (3) The eUNTCC may also...
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13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1
are applicable in this article unless the context requires otherwise. (b) The following definitions
are also applicable to this article: (1) CUSTODY. A restraint or detention by a public servant
pursuant to a lawful arrest, conviction or order of court, but does not include mere supervision
of probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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16-55-10
Section 16-55-10 Police officers. (a) The President of the University of South Alabama
may appoint and employ suitable persons to serve as police officers to keep off intruders
and prevent trespass upon and damage to the property and grounds of the university. Such persons
shall be charged with all the duties and invested with all the powers of police officers.
An officer may eject trespassers from university buildings and grounds owned, leased, or otherwise
controlled by the university. An officer may arrest any person for any offense provided by
law and shall transport the offender to the nearest district court or municipal court charged
with the trial of such offense. (b) The police officers provided for in this section
shall cooperate with and, when requested, furnish assistance to the regularly constituted
authorities of the Municipalities of Mobile and Fairhope, and their jurisdiction and authority
shall be coextensive within the police jurisdictions of those municipalities. (c)...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2,
13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama
1975, a criminal sex offense involving a child shall mean a conviction for any sex offense
in which the victim was a child under the age of 12 or any offense involving child pornography.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall
notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex
offender, or the child's attorney for the juvenile sex offender, of the pending release of
the sex offender and provide them with a copy of the risk assessment pursuant to subsection
(c) of Section 15-20A-26. (c) For the purpose of Section 12-15-116(a)(5), a
juvenile court shall have exclusive original jurisdiction to try any individual who is 18
years of age or older and violates any of the juvenile criminal sex offender provisions of
subdivision (1) of subsection...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the
following criminal offenses in a circuit court or district court may apply to the district
attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing
of controlled substances in the first degree as provided in Section 13A-12-218. (2)
A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that
a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a
commercial driver learner permit holder who is charged with a violation of a traffic law in
this state shall not be eligible for a deferred prosecution program, diversion program, or
any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial...
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