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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion
program is in the absolute discretion of the district attorney. However, an offender deemed
by the district attorney to be a threat to the safety or well-being of the community shall
not be eligible for the program. Further, an offender charged with the following offenses
shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense
which intentionally, knowingly, or recklessly resulted in death or serious physical injury
to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment
of a child. (5) An offense involving violence in which the victim was a child under 14 years
of age, a law enforcement officer, a school officer, a correctional officer, active duty military
personnel of the United States Armed Forces, or an elderly person over the age of 65. (6)
An offense involving violence in which the victim was an employee of any school...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall
have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney
as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE.
Work imposed as a condition of a pretrial diversion program that is intended for the common
good of the community or to assist in restoration of the victim. Community service should
further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of
the judicial circuit or his or her designee, so designated to fulfill the goals, purposes,
and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined
in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER.
Any person who has been charged with a criminal offense, including, but not limited to, any
felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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17-3-30.1
Section 17-3-30.1 Disqualification of electors for felonies involving moral turpitude.
(a) This section shall be known and may be cited as the Felony Voter Disqualification
Act. (b)(1) The Legislature finds and declares that: a. Article VIII of the Constitution of
Alabama of 1901, now appearing as Section 177 of Article VIII of the Official Recompilation
of the Constitution of Alabama of 1901, as amended, provides that Alabama citizens shall lose
the right to vote when convicted of a crime only if the conviction was for a felony involving
moral turpitude. b. Under general law, there is no comprehensive list of felonies that involve
moral turpitude which disqualify a person from exercising his or her right to vote. Neither
individuals with felony convictions nor election officials have a comprehensive, authoritative
source for determining if a felony conviction involves moral turpitude and is therefore a
disqualifying felony. (2) The purposes of this section are: a. To give full effect...
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45-45-233.28
Section 45-45-233.28 Release pending trial; conditions; order; notice. (a) Any person
in Madison County charged with an offense, at his or her appearance before a judicial officer,
may be ordered released pending trial on his or her 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 his or her discretion, that such a release
will not reasonably assure the appearance of the person as required. When such a determination
is made, the judicial officer shall, either in lieu of or in addition to the above methods
of release, impose the first of the following conditions of release which will reasonably
assure the appearance of the person for trial or, if no single condition gives that assurance,
any combination of the following conditions: (1) Place the person in the custody of a designated
person agreeing to supervise him or her. (2) Place restrictions on the...
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13A-10-15
Section 13A-10-15 Terrorist threats. (a) A person commits the crime of making a terrorist
threat when he or she credibly, based on an objective evaluation, threatens to commit a crime
of violence against a person or to damage any property by use of a bomb, explosive, weapon
of mass destruction, firearm, deadly weapon, or other mechanism and any of the following:
(1) The threat causes the evacuation of any real property, as defined under this section.
(2) The threat causes the disruption of school, church, or government activity. (3) The threat
is with intent to retaliate against the victim because of his or her involvement or participation
as any of the following: a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative
proceeding. c. A person who provided to a law enforcement officer, adult or juvenile probation
officer, prosecuting attorney, or judge any information relating to...
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15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote. (a) Any other provision
of law notwithstanding, any person, regardless of the date of his or her sentence, may apply
to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if
all of the following requirements are met: (1) The person has lost his or her right to vote
by reason of conviction in a state or federal court in any case except those listed in subsection
(g). (2) The person has no criminal felony charges pending against him or her in any state
or federal court. (3) The person has paid all fines, court costs, fees, and victim restitution
ordered by the sentencing court at the time of sentencing on disqualifying cases. (4) Any
of the following are true: a. The person has been released upon completion of sentence. b.
The person has been pardoned. c. The person has successfully completed probation or parole
and has been released from compliance by the ordering entity. (b) The...
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27-29-11.1
Section 27-29-11.1 Recovery rights of receivers. (a) If an order for liquidation or
rehabilitation of a domestic insurer has been entered, the receiver appointed under the order
shall have a right to recover on behalf of the insurer, (1) from any parent corporation, holding
company, person, or affiliate who otherwise controlled the insurer, the amount of distributions,
other than distributions of shares of the same class of stock, paid by the insurer on its
capital stock, or (2) any payment in the form of a bonus, termination settlement, or extraordinary
lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or
employee, where the distribution or payment pursuant to (1) or (2) is made at any time during
the one year preceding the petition for liquidation, conservation, or rehabilitation, as the
case may be, subject to the limitations of subsections (b), (c), and (d). (b) No distribution
shall be recoverable if the parent or affiliate shows that when...
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40-18-370
Section 40-18-370 Short title; legislative findings; definitions. (a) This article shall
be known and may be cited as the Alabama Jobs Act. (b) The Legislature makes the following
findings: (1) The economic well-being of the citizens of the state will be enhanced by the
increased development and growth of employment within Alabama. (2) It is in the best interests
of the state to provide certain incentives to allow the state to foster economic development
through the recruitment of quality projects and the expansion of existing businesses within
Alabama. (3) The incentives provided for in this article do not raise any taxes for any individuals
or businesses in Alabama under state law. (4) The incentives provided in this article will
allow the state to encourage the creation of new jobs that may not otherwise exist within
the State of Alabama. (5) The incentives provided in this article will increase revenues for
the state without increasing taxes. (6) The Constitution of the State of...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which
reasonable efforts are not required to be made. (a) When the juvenile court enters an order
removing a child from his or her home and places the child into foster care or custody of
the Department of Human Resources pursuant to this chapter, the order shall contain specific
findings, if warranted by the evidence, within the following time periods while making child
safety the paramount concern: (1) In the first order of the juvenile court that sanctions
the removal, whether continuation of the residence of the child in the home would be contrary
to the welfare of the child. This order may be the pick-up order that the juvenile court issues
on the filing of a dependency petition. (2) Within 60 days after the child is removed from
the home of the child, whether reasonable efforts have been made to prevent removal of the
child or whether reasonable efforts were not required to be made. (3) Within 12...
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