|
31-2A-63
Section 31-2A-63 (Article 63.) Rehearings. Each rehearing under this code shall take place
before a court-martial composed of members not members of the court-martial which first heard
the case. Upon a rehearing the accused may not be tried for any offense of which he or she
was found not guilty by the first court-martial, and no sentence in excess of or more severe
than the original sentence may be approved, unless the sentence is based upon a finding of
guilty of an offense not considered upon the merits in the original proceedings, or unless
the sentence prescribed for the offense is mandatory. If the sentence approved after the first
court-martial was in accordance with a pretrial agreement and the accused at the rehearing
changes a plea with respect to the charges or specifications upon which the pretrial agreement
was based, or otherwise does not comply with the pretrial agreement, the approved sentence
as to those charges or specifications may include any punishment not in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-63.htm - 1K - Match Info - Similar pages
45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney
may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the
assessment for participation in the program shall be in addition to any program supervision
fees, court costs, and assessments for drug, alcohol, or anger treatments required by law,
the district attorney, or the court, and are in addition to costs of supervision, treatment,
and restitution for which the pretrial diversion admittee may be responsible. It may be mandatory
for the offender to pay all court costs for the offense charged. Pretrial diversion program
fees as established by this subpart may be waived or reduced due to indigence, reduced ability
to pay, or for other just cause at the discretion of the district attorney. The determination
of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.27.htm - 4K - Match Info - Similar pages
12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.1.htm - 1K - Match Info - Similar pages
16-1-23
Section 16-1-23 Hazing prohibited; penalty. (a) Hazing is defined as follows: (1) Any willful
action taken or situation created, whether on or off any school, college, university, or other
educational premises, which recklessly or intentionally endangers the mental or physical health
of any student, or (2) Any willful act on or off any school, college, university, or other
educational premises by any person alone or acting with others in striking, beating, bruising,
or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or
maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student
of any such educational institution or any assault upon any such students made for the purpose
of committing any of the acts, or producing any of the results to such student as defined
in this section. (3) The term hazing as defined in this section does not include customary
athletic events or similar contests or competitions, and is limited...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-1-23.htm - 3K - Match Info - Similar pages
45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following
meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment
program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of
the following: a. A controlled substance, a drug or other substance for which a medical prescription
or other legal authorization is required for purchase, or any isomer, salt, optical isomer,
or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution,
use, or possession is forbidden by law. c. A substance otherwise legal to possess, including,
but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful
substances which are abused. (4) PARTICIPANT. A person who has been approved for participation
in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE.
An offense or charge as defined in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-41-83.01.htm - 1K - Match Info - Similar pages
11-45-9
Section 11-45-9 Penalties which may be imposed for violations of ordinances. (a) Municipal
ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such
penalties for violation of ordinances. (b) Except as otherwise provided in this section, no
fine shall exceed five hundred dollars ($500), and no sentence of imprisonment or hard labor
shall exceed six months. (c) In the enforcement of the penalties prescribed in Section 32-5A-191,
the fine shall not exceed five thousand dollars ($5,000) and the sentence of imprisonment
or hard labor shall not exceed one year. (d) Notwithstanding any other provision of law, the
maximum fine for every person either convicted for violating any of the following misdemeanor
offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender
shall be one thousand dollars ($1,000): (1) Criminal mischief in the second degree, Section
13A-7-22. (2) Criminal mischief in the third degree, Section 13A-7-23. (3)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-45-9.htm - 2K - Match Info - Similar pages
15-22-28
Section 15-22-28 Investigation for parole; temporary leave; parole restrictions. (a) It shall
be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation
of any and all prisoners confined in the jails and prisons of the state, through use of a
validated risk and needs assessment as defined in Section 12-25-32, with a view of determining
the feasibility of releasing the prisoners on parole and effecting their reclamation. Reinvestigations
shall be made from time to time as the board may determine or as the Department of Corrections
may request. The investigations shall include such reports and other information as the board
may require from the Department of Corrections or any of its officers, agents, or employees.
(b) It shall be the duty of the Department of Corrections to cooperate with the Board of Pardons
and Paroles for the purpose of carrying out this article. (c) Temporary leave from prison,
including Christmas furloughs, may be granted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-28.htm - 7K - Match Info - Similar pages
36-18-24
Section 36-18-24 DNA database. (a) The director is hereby authorized and empowered to create
and establish a DNA database for the purposes of: (1) Assisting federal, state, county, municipal,
or local criminal justice and law enforcement officers or agencies in the putative identification,
detection, or exclusion of persons who are the subjects of investigations or prosecutions
of sex related crimes, other violent crimes, or other crimes in which biological evidence
is received or recovered. (2) Supporting identification research and protocol development
of DNA forensic methods. (3) Creating and maintaining DNA quality control standards. (4) Assisting
in the recovery or identification of human remains from natural or mass disasters. (5) Assisting
in other humanitarian purposes including the identification of missing, deceased, or unidentified
persons. (b) The DNA database shall contain DNA records which the director shall deem necessary
for the implementation of this article, and also...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-24.htm - 2K - Match Info - Similar pages
15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-51.htm - 2K - Match Info - Similar pages
16-28B-8
Section 16-28B-8 Suicide prevention programs, training, and policies; advisory committee; liability.
(a) To the extent that the Legislature shall appropriate funds, or to the extent that any
local board may provide funds from other sources, each school system shall implement the following
standards and policies for programs in an effort to prevent student suicide: (1) Foster individual,
family, and group counseling services related to suicide prevention. (2) Make referral, crisis
intervention, and other related information available for students, parents, and school personnel.
(3) Foster training for school personnel who are responsible for counseling and supervising
students. (4) Increase student awareness of the relationship between drug and alcohol use
and suicide. (5) Educate students in recognizing signs of suicidal tendencies and other facts
and warning signs of suicide. (6) Inform students of available community suicide prevention
services. (7) Promote cooperative efforts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-28B-8.htm - 4K - Match Info - Similar pages
|