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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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13A-4-1
Section 13A-4-1 Criminal solicitation. (a) A person is guilty of criminal solicitation if,
with the intent that another person engage in conduct constituting a crime, he solicits, requests,
commands or importunes such other person to engage in such conduct. A person may not be convicted
of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited,
and there must be proof of circumstances corroborating both the solicitation and the defendant's
intent. (b) A person is not liable under this section if, under circumstances manifesting
a voluntary and complete renunciation of his criminal intent, he (1) notified the person solicited
of his renunciation and (2) gave timely and adequate warning to the law enforcement authorities
or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) A person is not liable under...
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with
an offense, at an appearance before a judicial officer, may be ordered released pending a
trial on personal recognizance or upon the execution of an unsecured appearance bond in an
amount specified by the judicial officer, unless the judicial officer determines, in the exercise
of discretion, that release will not reasonably assure the appearance of the person as required.
(b) No person in Houston County charged with an offense shall be considered for the program
created by this subpart until the accused's first appearance before a judicial officer. (c)
In determining which conditions of release will reasonably assure the appearance of a person
as required, the judicial officer, on the basis of available information as presented by the
state, city, or their representative, respectively, or the defendant, shall consider matters
such as the nature and circumstances of the offense charged, the...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-7.htm - 7K - Match Info - Similar pages
6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-180.htm - 5K - Match Info - Similar pages
13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent
provisions of this title, the following terms shall have the following meanings: (1) BOOBY
TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by
any action of a person making contact with the device. This term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes,
nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the
production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that
the defendant must offer some competent evidence relating to all matters subject to the burden,
except that the defendant may rely upon evidence presented by the prosecution in meeting the
burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement
of chemicals, supplies, equipment, or laboratory location for the...
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