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15-19-1
Section 15-19-1 Investigation and examination by court to determine how tried; consent of minor
to trial without jury; arraignment as youthful offender; notice and hearing. (a) A person
charged with a crime which was committed in his or her minority but was not disposed of in
juvenile court and which involves moral turpitude or is subject to a sentence of commitment
for one year or more shall, and, if charged with a lesser crime may be investigated and examined
by the court to determine whether he or she should be tried as a youthful offender, provided
he or she consents to such examination and to trial without a jury where trial by jury would
otherwise be available to the defendant. If the defendant consents and the court so decides,
no further action shall be taken on the indictment or information unless otherwise ordered
by the court as provided in subsection (b). (b) After such investigation and examination,
the court, in its discretion, may direct that the defendant be arraigned...
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22-50-21
Section 22-50-21 Police officers for state mental health facilities or hospitals. The State
Mental Health Officer may appoint or employ one or more suitable persons to act as police
officers to arrest intruders, trespassers, and persons guilty of improper or disorderly conduct
on the property of state mental health facilities or hospitals. Such officers shall be charged
with all the duties and invested with all the powers of police officers and may eject trespassers
from the hospital grounds, buildings, or lands or arrest them and may, without warrant, arrest
any person guilty of abuse of a patient, of a misdemeanor or disorderly conduct, of stealing
or injuring property or other offenses committed on the lands or premises of the hospitals
and take such person before a district court judge or other officer charged with trial of
such offenders, before whom, upon proper affidavit charging the offense, the person so arrested
shall be tried and, if found guilty, convicted as in cases of...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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34-2-36
Section 34-2-36 Penalties; hearing; enforcement; appeal. (a) On or after April 28, 1999, any
person who knowingly, willfully, or intentionally violates any provision of this chapter shall
be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and
separate offense. (b) When it appears to the board that any person is violating any of the
provisions of this chapter, the board may in its own name bring an action in the circuit court
for an injunction, and the court may enjoin any person from violating this chapter regardless
of whether the proceedings have been or may be instituted before the board or whether criminal
proceedings have been or may be instituted. (c) In addition to any other provisions of law,
the board may enter an order assessing a civil penalty against any nonregistered person, corporation,
or other entity found guilty by the board of, but not limited to, the following violations
of this chapter: (1) Engaging in the practice or offer to...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor and the offender. The agreement shall include the terms of the pretrial diversion
program, the length of the program, and the period of time after which the municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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45-28-82.29
Section 45-28-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge and receive a specific sentence, an agreement concerning when the plea of guilty will
occur, to what charge to which the offender will plead guilty, and any sentence to be imposed,
shall be approved by an appropriate circuit or district court judge having jurisdiction over
the offender within the judicial circuit prior to admission of the offender in the pretrial
diversion program. (b) As a condition of being admitted into...
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45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education may revoke
any certificate issued under this chapter when the holder has been guilty of immoral conduct
or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State Superintendent
of Education shall immediately revoke any certificate issued under this chapter when the holder
is convicted of capital murder or any Class A felony, including, but not limited to, rape,
murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or second degree,
pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or second degree, pursuant
to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant to Section 13A-6-65.1. (4) Sexual
abuse in the first or second degree, pursuant to...
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