12-5A-14
Section 12-5A-14 Construction. (a) All laws or parts of laws, both general and local, and any
rules or portions of rules adopted by the Supreme Court which conflict with this chapter are
expressly repealed. The provisions of this chapter are cumulative and shall not be construed
to repeal or supersede any laws not inconsistent herewith. (b) The provisions of this chapter
are severable. If any part of this chapter is declared invalid or unconstitutional, that declaration
shall not affect the part which remains. (c) The provisions of this section shall not be construed
as repealing any local act which is in effect upon the passage of this chapter and which provides
for the collection of additional court costs to be placed in a fund in the county treasury
for the general use and maintenance of the juvenile probation office. Any local acts are amended
so as to provide that the funds so collected and deposited in the county treasury shall not
be utilized for the purpose of supplementing the...
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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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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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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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12-5A-5
Section 12-5A-5 Employees included in state court system personnel system; salary subsidies.
(a) On the effective date of this chapter, any juvenile probation officer serving the juvenile
court and any clerical employee or professional staff member who supports the juvenile probation
officers shall become the base group of employees to be transitioned to be employees of the
State of Alabama and be included in the state court system personnel system. The foregoing
provision shall have no application or effect as to any position that is established and filled
after passage of this chapter, unless prior written approval for the additional position is
provided by the Administrative Director of Courts, nor shall it apply to any position or employee
whose primary responsibility involves support to a juvenile detention or shelter care facility.
Any controversy regarding the composition of that class of persons or positions qualifying
as court personnel under this chapter shall be determined...
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12-5A-8
Section 12-5A-8 Juvenile probation officers - Supervision; employees of state; appointment
and dismissal; director of probation services; certain employees subject to merit system procedures.
On or after October 1, 1999, each of the following shall occur: (1) In each county having
a population of 99,000 or less according to the 1990 federal decennial census, all juvenile
probation officers and employees covered by this chapter, and any future employees occupying
covered positions, shall be under the direct supervision of the presiding juvenile court judge.
(2) All juvenile probation officers in counties having a population of 99,000 or less according
to the 1990 federal decennial census shall be state employees and shall be subject to the
procedures of the state court system personnel system. All appointments of juvenile probation
officers for authorized positions within a county shall be made by the presiding juvenile
court judge, subject to the approval of the Administrative Director...
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12-5A-7
Section 12-5A-7 Juvenile probation officers - Allocation by population. On or after October
1, 1999, the allocation of positions or salary subsidies in juvenile probation services shall
be as follows: (1) In counties having a population of more than 99,000 according to the 1990
federal decennial census, the Administrative Office of Courts shall provide salary subsidies
for juvenile probation officers on the basis of one salary subsidy per 15,000 population or
fraction thereof. Provided, however, if legislation is enacted to provide additional salary
subsidies for additional juvenile probation officers, the salary subsidy ratio as provided
herein shall be adjusted accordingly. The Administrative Office of Courts shall expend funds
to provide a salary subsidy in accordance with subsection (b) of Section 12-5A-5. This subsidy
shall be paid to the counties only for juvenile probation officers authorized and employed.
Employment for purposes of this subsection includes temporary vacancies...
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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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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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45-41-83.10
of those participating in the program. (3) Promote gainful employment, drug, alcohol, and mental
health treatment, and education for those participating in any of the services offered by
the program. (4) Set, assess, and collect reasonable fees from participants in the program
for any services the participants receive and provide for the waiver of fees for indigent
participants in accordance with the policy and procedures of the program. (5) Buy, sell, lease,
or otherwise hold real or personal property in its own name. (6) Contract with other
persons, partnerships, firms, or entities for the provision of goods and services required
by the board, on terms and conditions as may be convenient to the board, and as allowed by
the laws and regulations concerning purchases made by public boards in the State of Alabama.
(7) Contract for its programs and services with a not-for-profit corporation or governmental
entity to provide for supervised postadjudication rehabilitation supervision,...
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