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12-26-1
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following
meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically
imposed by operation of state law or rule that limits or prohibits an individual convicted
of a crime from obtaining occupational licensing, certification, or other evidence of qualification
necessary to engage in a particular occupation. The term does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court,
or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification
Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an
individual convicted of a crime serves time in the jurisdictional custody of the state, including,
but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER
OF THE LIMITED RELIEF or ORDER. An order concerning...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining
whether to apply notification requirements to a juvenile sex offender, the sentencing court
shall consider any of the following factors relevant to the risk of re-offense: (1) Conditions
of release that minimize the risk of re-offense, including, but not limited to, whether the
juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to,
advanced age or debilitating illness. (3) Criminal history factors indicative of high risk
of re-offense, including whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric
profiles indicate a risk of recidivism. (5) The relationship between the...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall
have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by
the District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel,
sheriff personnel, district attorney investigator, Department of Human Resources personnel,
parole and probation personnel, community corrections office personnel, and court referral
office personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any
person charged with a criminal offense, including, but not limited to, any...
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45-23-82.02
Section 45-23-82.02 Applicants for admittance. (a) A person charged with a criminal
offense specified in this subsection whose jurisdiction is in the circuit or district court
of the Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third
Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only
with any of the following offenses may apply for the program: (1) A traffic offense, other
than driving under the influence (DUI). (2) A property offense. (3) An offense wherein the
victim did not receive serious physical injury. (4) An offense in which the victim was not
a child under 14 years of age, a law enforcement officer, a school official, or a correctional
officer. (5) A misdemeanor other than one specifically excluded in this section. (c)
The following offenses are ineligible for consideration for the pretrial diversion program:
(1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of
a...
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45-27A-30.01
Section 45-27A-30.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) CITY. The City of Brewton, Alabama. (2) LAW ENFORCEMENT
or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose
is to protect people. This may include, but is not limited to, police personnel, a correctional
officer, coroner, Department of Human Resources personnel, parole and probation personnel,
community corrections office personnel, and court referral office personnel, whether that
agency or department is located in the State of Alabama or elsewhere. (3) MUNICIPAL COURT.
The Municipal Court of the City of Brewton. (4) MUNICIPAL PROSECUTOR. The municipal prosecutor
of the City of Brewton or any attorney authorized by the mayor to act in that capacity. (5)
OFFENDER. Any person charged with a crime under this code or the Municipal Code of the City
of Brewton, which crime was allegedly committed within the jurisdiction of...
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15-20A-9
Section 15-20A-9 Adult sex offender - Requirements prior to release. (a) At least 30
days prior to release, or immediately upon notice of release if release is less than 30 days,
of an adult sex offender from the county jail, municipal jail, Department of Corrections,
or any other facility that has incarcerated the adult sex offender, or immediately upon conviction,
if the adult sex offender is not incarcerated: (1) The responsible agency shall inform the
adult sex offender of his or her duty to register and, instruct the adult sex offender to
read and sign a form stating that the duty to register has been explained. The adult sex offender
shall sign the form stating that the duty to register has been explained and shall provide
the required registration information. If the adult sex offender refuses to sign the form,
the designee of the responsible agency shall sign the form stating that the requirements have
been explained to the adult sex offender and that the adult sex offender...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall
have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney
as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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45-8-232.20
Section 45-8-232.20 Rehabilitation board; rules and regulations; inmate wages; escape
from custody; work release program requests; annual report. (a) This section shall
apply to Calhoun County. (b) The following words shall have the following meanings: (1) BOARD.
The Calhoun County Rehabilitation Board, which shall be composed of the sheriff who shall
act as chair; the district attorney; the senior circuit judge; the senior district judge;
and a fifth person to be selected by the Calhoun County Commission. (2) INMATE. Any person
convicted of a crime and sentenced to the county jail or state prison. (c)(1) The board shall
adopt written procedures of operation and administration and shall elect one of its members
as chair on an annual basis. Meetings shall generally be conducted in accordance with Robert's
Rules of Order. (2) Any rules, regulations, or policies promulgated by the board shall be
written upon the minutes of the board, and shall be acknowledged and signed by each member
of...
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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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