Code of Alabama

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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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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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14-9-41
Section 14-9-41 Computation of incentive time deductions. (a) Each prisoner who shall
hereafter be convicted of any offense against the laws of the State of Alabama and is confined,
in execution of the judgment or sentence upon any conviction, in the penitentiary or at hard
labor for the county or in any municipal jail for a definite or indeterminate term, other
than for life, whose record of conduct shows that he or she has faithfully observed the rules
for a period of time to be specified by this article may be entitled to earn a deduction from
the term of his or her sentence as follows: (1) Seventy-five days for each 30 days actually
served while the prisoner is classified as a Class I prisoner. (2) Forty days for each 30
days actually served while the prisoner is a Class II prisoner. (3) Twenty days for each 30
days actually served while the prisoner is a Class III prisoner. (4) No good time shall accrue
during the period the prisoner is classified as a Class IV prisoner. (b)...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations;
checks on subsequent activity. (a) Every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency required to obtain a criminal
history background information check pursuant to this chapter shall obtain, prior to or upon
the date of employment, or issuance of a license or approval or renewal thereof, and maintain
in the agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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13A-12-231
Section 13A-12-231 Trafficking in cannabis, cocaine, etc.; mandatory minimum terms of
imprisonment; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine;
habitual felony offender act. Except as authorized in Chapter 2, Title 20: (1) Any person
who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly
in actual or constructive possession of, in excess of one kilo or 2.2 pounds of any part of
the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted
from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or resin including the completely defoliated mature stalks
of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples
of seeds of the plant which are incapable of germination is guilty of a felony, which felony
shall be known as "trafficking in cannabis." Nothing in this subdivision...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements.
(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28
may file a petition requesting the sentencing juvenile court to enter an order relieving the
juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile
sex offender is released from the custody of the Department of Youth Services or sentenced,
if the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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16-1-51.1
Section 16-1-51.1 Comprehensive model policy for supervision and monitoring of juvenile
sex offender students; educational placement of juvenile sex offenders. (a)(1) On or before
January 1, 2019, the State Board of Education shall develop a comprehensive model policy for
the supervision and monitoring of juvenile sex offender students, who have a low risk of re-offense
and are enrolled, attending class, and participating in school activities with the general
population of students. The purpose of the model policy is to provide a safe and secure environment
for all students and staff. The model policy shall be adopted by each local board of education
and implemented beginning with the 2020-2021 school year. The model policy, at a minimum,
shall contain all of the following components: a. Application to all school property and school-sponsored
functions including, but not limited to, classroom instructional time, assemblies, athletic
events, extracurricular activities, and school bus...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime
of domestic violence in the first degree if the person commits the crime of assault in the
first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section
13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim
is a current or former spouse, parent, step-parent, child, step-child, any person with whom
the defendant has a child in common, a present household member, or a person who has or had
a dating relationship with the defendant. (2) For the purposes of this section, a household
member excludes non-romantic or non-intimate co-residents, and a dating relationship means
a current or former relationship of a romantic or intimate nature characterized by the expectation
of affectionate or sexual involvement by either party. (b) Domestic violence in the first
degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment
of...
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