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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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20-2-53
Section 20-2-53 Registration of persons manufacturing, distributing or dispensing controlled
substances - Order to show cause; proceedings; review; issuance of stay. (a) Before denying,
suspending, or revoking a registration or refusing a renewal of registration, the certifying
boards shall serve upon the applicant or registrant an order to show cause why registration
should not be denied, revoked, or suspended or why the renewal should not be refused. The
order to show cause shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the certifying board at a time and place not less
than 30 days after the date of service of the order, but in the case of a denial of renewal
of registration the show cause order shall be served not later than 30 days before the expiration
of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative
Procedure Act and the procedures established by the respective...
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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section 12-16-74.
In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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12-23-4
Section 12-23-4 Court referral officers or contracting entities; appointment; supervision by
Administrative Director of Courts and circuit judges; compensation; duties. (a) The Administrative
Director of Courts is authorized to appoint court referral officers or contract with individuals
or entities to provide alcohol and drug assessment for courts and to conduct the court referral
programs in each court jurisdiction of the state. Such appointments or contracts shall be
made or entered into with the advice of the presiding circuit judge. The Administrative Director
of Courts shall designate the locations where said court referral programs, court referral
officers or contracting entities or individuals shall serve, which designations may be changed
from time to time; provided, however, that all appointed court referral officers and approved
court referral programs shall serve at the pleasure of the Administrative Director of Courts.
Any individual or entity which contracts to conduct...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall be
for a definite term of imprisonment, which imprisonment includes hard labor, within the following
limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10
years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3) For a Class
C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the
offense is a sex offense pursuant to Section 15-20A-5. (4) For a Class D felony, not more
than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of
Section 15-18-8. (5) For a Class A felony in which a firearm or deadly weapon was used or
attempted to be used in the commission of the felony, or a Class A felony sex offense involving
a child as defined in Section 15-20A-4, not less than 20 years. (6) For a...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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41-4-323
Section 41-4-323 Purpose; employees; compensation and benefits; payment of expenses; implementation;
additional duties of director. (a) The Office of Indigent Defense Services is established
to carry out the administrative duties relating to the provision of indigent defense services.
The director shall use existing employees of the Department of Finance and its existing offices,
as assigned by the Director of Finance. The director's salary shall not exceed the state salary
paid to a district attorney and be paid at the same time and in the same manner that salaries
of other state employees are paid. The Director of the Office of Indigent Defense Services
shall be entitled to annual and sick leave, insurance, retirement, and other state employee
benefits, including cost-of-living raises authorized by the Legislature for state employees.
(b) The director may enter into contracts, and accept funds, grants, and charitable donations
from any public or private source to pay expenses...
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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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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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