12-15-204
of 16 years at the time of the conduct charged and who is charged with the commission of any
act or conduct, which if committed by an adult would constitute any of the following, shall
not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried
as an adult: (1) A capital offense. (2) A Class A felony. (3) A felony which has as an element
thereof the use of a deadly weapon. (4) A felony which has as an element thereof the causing
of death or serious physical injury. (5) A felony which has as an element thereof the
use of a dangerous instrument against any person who is one of the following: a. A law enforcement
officer or official. b. A correctional officer or official. c. A parole or probation officer
or official. d. A juvenile court probation officer or official. e. A district attorney or
other prosecuting officer or official. f. A judge or judicial official. g. A court officer
or official. h. A person who is a grand juror, juror, or witness in any...
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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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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition,
sentencing, upon completion of probation, or upon completion of a term of registration ordered
by the sentencing court, a sex offender may petition the court for relief from the requirements
of this chapter resulting from any of the following offenses, provided that he or she meets
the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by
subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as
provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the
second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual
misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any
other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1)...
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32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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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...
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15-20A-34
successfully completed a treatment program approved by the Department of Youth Services. (3)
Recommendations from the prosecuting attorney. (4) Any written or oral testimony submitted
by the victim or the parent, custodian, or guardian of the victim. (5) The facts and circumstances
surrounding the offense including, but not limited to, the age and number of victims, whether
the act was premeditated, and whether the offense involved the use of a weapon, violence,
or infliction of serious bodily injury. (6) Any criminal behavior of the juvenile sex
offender before and after the adjudication of delinquency that requires reporting. (7) The
stability of the juvenile sex offender in employment and housing and his or her community
and personal support system. (8) The protection of society. (9) Any other factors deemed
relevant by the court. (h) If the court is satisfied by clear and convincing evidence that
the juvenile sex offender is rehabilitated and does not pose a threat to the safety...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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12-15-208
witness or for return to their lawful residence or country of citizenship shall be reported
as violations of the deinstitutionalization of status offender requirement. (3) NONOFFENDERS.
Nonoffenders, as defined in this article, shall not be detained or confined in secure custody.
(4) CHILDREN 10 YEARS OF AGE AND YOUNGER. Children 10 years of age and younger shall not be
detained or confined in secure custody, unless the children are charged with offenses causing
death or serious bodily injury to persons or offenses that would be classified as Class
A felonies if committed by adults. Children 11 or 12 years of age may only be detained or
confined in secure custody by orders of juvenile courts, unless the children are charged with
offenses causing death or serious bodily injury to persons or offenses that would be
classified as Class A felonies if committed by adults. (b) Persons who may be detained or
confined in secure custody include all of the following: (1) Persons who violate...
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44-2-10
Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, but shall not be a member and shall hire and supervise such
other staff as may be authorized by the Interstate Commission. Section C. Qualified immunity,
defense and indemnification 1. The Commission's executive director and employees shall be
immune from suit and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within the scope
of commission employment, duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person or caused by
acts or...
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