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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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16-1-23
Section 16-1-23 Hazing prohibited; penalty. (a) Hazing is defined as follows: (1) Any willful
action taken or situation created, whether on or off any school, college, university, or other
educational premises, which recklessly or intentionally endangers the mental or physical health
of any student, or (2) Any willful act on or off any school, college, university, or other
educational premises by any person alone or acting with others in striking, beating, bruising,
or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or
maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student
of any such educational institution or any assault upon any such students made for the purpose
of committing any of the acts, or producing any of the results to such student as defined
in this section. (3) The term hazing as defined in this section does not include customary
athletic events or similar contests or competitions, and is limited...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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45-37-122.06
Section 45-37-122.06 Powers and duties. A county manager hired pursuant to this part shall
be the chief executive officer of Jefferson County and, as such, shall carry out the duties
and responsibilities established by the county commission, including the following: (1) To
act as the primary administrative advisor to the county commission on all matters relating
to the efficient and economical administration of county government. (2) To act as the executive
agent of the county commission in overseeing the implementation of authorized projects and
programs, assuring appropriate coordination of departmental operations, and resolving interdepartmental
problems and disputes. (3) To serve as the appointing authority for and exercise direct oversight
of all department heads and their agencies and departments including all county employees
thereof, except for (i) elected officials, (ii) non-merit system employees, and (iii) the
county attorneys and their staff. The county manager shall have...
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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse protection
order or a petition to modify an elder abuse protection order that elder abuse has occurred
or a modification is warranted, the court may do either of the following: (1) Without notice
or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte
elder abuse protection order as it deems necessary. (2) After providing notice as required
by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an
elder abuse protection order after a hearing whether or not the defendant appears. (b) Based
upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of
the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against
the plaintiff and any other individual designated by the court. (2)...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (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) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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