11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under
this chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following
meanings for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting
of all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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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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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one
of the following minimum criteria shall be considered eligible for punishment in the community
under this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior.
In reaching this determination, the court may consider prior convictions and other acts not
resulting in conviction or criminal charges, and the offender's behavior while in state or
county confinement. (c) The eligibility criteria established in this section shall
be interpreted as guidelines for the benefit of the court in making a determination of...

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15-20A-42
Section 15-20A-42 Collection and dissemination of information by Alabama State Law Enforcement
Agency. (a) Any jurisdiction or agency responsible for registering a sex offender shall immediately
forward all required registration information and any changes to the required registration
information received to the Alabama State Law Enforcement Agency in a manner determined by
the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary
upon recommendation of an advisory board consisting of representatives of the office of the
Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association,
and the Alabama State Law Enforcement Agency. The advisory board members shall not receive
any compensation or reimbursement for serving on the advisory board. (b) Upon notification
or discovery of the death of a sex offender, the registering agency shall immediately notify
the Alabama State Law Enforcement Agency. (c) The...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, there shall be a written agreement between the district attorney and the offender.
The agreement shall include the terms of the pretrial diversion program, the length of the
program, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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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...
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36-29-1
Section 36-29-1 Definitions. When used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
BOARD. The State Employees' Insurance Board. (2) CLASS. An employee or retiree shall be included
in one of the following classes: (i) active employee single, (ii) active employee family,
(iii) non-Medicare retiree single, (iv) non-Medicare retiree family, (v) Medicare retiree
single, (vi) Medicare retiree family, (vii) non-Medicare retiree with Medicare eligible dependent(s),
or (viii) Medicare retiree with non-Medicare dependent(s). (3) EMPLOYEE. A person who works
full time for the State of Alabama or for a county health department and who receives his
or her full compensation on a monthly basis through means of a state warrant drawn upon the
State Treasury or by check drawn by the Treasurer of the Alabama State Port Authority or by
check drawn by the treasurer of the Alabama state agency for surplus property...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees;
inmate wages. (a) Community punishment and corrections funds may be used to develop or expand
the range of community punishments and services at the local level. Community-based programs
should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment
and supervision of program participants. The supervision and treatment of each program participant
is expected to be based on the participant's anticipated risk of reoffending, as determined
through a validated risk and needs assessment as defined in Section 12-25-32, administered
by the program. Supervision and treatment of program participants should include the following:
(1) Use of a validated risk and needs assessment; (2) Use of assessment results to provide
guidance for determining the appropriate level of supervision responses consistent with the
levels of supervision and evidence-based practices reasonably anticipated...
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