45-27-82.22
Section 45-27-82.22 Standards for admission. (a) Diversion shall be appropriate if: (1) The offender is 18 years of age or older at the time the alleged offense was committed. (2) There is a likelihood justice will be served if the offender is placed in the diversion program. (3) It is determined the needs of the state and of the offender can be met through the pretrial diversion program. (4) The offender poses no substantial threat to the safety and well-being of the community. (5) It appears the offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (b) The district attorney may waive any of the standards specified in subsection (a) if justice or special circumstances dictate. (Act 95-388, p. 791, ยง3.)...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant. (2) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial well-being of the victim. (b) When a defendant has been convicted of the following offenses after February 1, 2009, the court may consider the factors enumerated in subsection (a) and shall order restitution to be paid as follows: (1) When a...
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45-2-84.06
Section 45-2-84.06 Application for pretrial release; payment of fees, etc. (a) Any person charged in Baldwin County for an offense, other than those enumerated in subdivision (5) of Section 45-2-84.02, may request and apply for pretrial release under this part. Employees of the Baldwin County Community Corrections Center or other persons designated by rules of the Baldwin County Pretrial Release and Community Corrections Board may investigate, evaluate, and recommend to a judicial officer the terms of the defendant's pretrial release pursuant to a pretrial release program developed by the Baldwin County Pretrial Release and Community Corrections Board. The defendant shall be notified prior to his or her release of all fees or other monies he or she will be responsible to pay if he or she participates in pretrial release pursuant to this part. (b) The judicial officer having jurisdiction of the defendant may order, as a condition of pretrial release pursuant to this part, that in...
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45-27A-30.01
Section 45-27A-30.01 Definitions. For the purposes of this part, the following terms shall have the following meanings: (1) CITY. The City of Brewton, Alabama. (2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person who is employed by an agency or department whose purpose is to protect people. This may include, but is not limited to, police personnel, a correctional officer, coroner, Department of Human Resources personnel, parole and probation personnel, community corrections office personnel, and court referral office personnel, whether that agency or department is located in the State of Alabama or elsewhere. (3) MUNICIPAL COURT. The Municipal Court of the City of Brewton. (4) MUNICIPAL PROSECUTOR. The municipal prosecutor of the City of Brewton or any attorney authorized by the mayor to act in that capacity. (5) OFFENDER. Any person charged with a crime under this code or the Municipal Code of the City of Brewton, which crime was allegedly committed within the jurisdiction of...
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13A-11-290
Section 13A-11-290 Leaving child or incapacitated person unattended in motor vehicle prohibited. (a) This section shall be known and cited as the Amiyah White Act. (b) For the purposes of this section, the term motor vehicle shall mean any motor vehicle as defined in Section 32-1-1.1, and the term incapacitated person shall mean any incapacitated person as defined in Section 26-2A-20. (c)(1) A licensed day care center, a licensed child care facility, a program providing day care service to incapacitated persons, or any other child care service that is exempt from licensing pursuant to Section 38-7-3, or an employee thereof, or a person for hire responsible for a child under the age of 7 or an incapacitated person, shall not leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm. (2) A person violating this section shall be punished by a fine of not less than two thousand dollars ($2,000). If a person has a...
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2-15-136
Section 2-15-136 Penalty for violations of provisions of article; injunctive proceedings to restrain operation by dealer in violation of provisions of article. (a) Any person who shall engage in business as a dealer as defined in Section 2-15-131 without having a license as required by subsection (a) of Section 2-15-132 or any person who shall violate any of the other requirements of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as prescribed by law for such offense. (b) In addition to the penalty provided under subsection (a) of this section, the commissioner may apply by a petition to a circuit court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or permanent injunction or both restraining and enjoining any person from engaging in the business of a dealer as defined in Section 2-15-131 in violation of any of the requirements of this article, or engaging in or continuing to...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution; annual audit. (a) A drug court shall collect and maintain the following information for each drug offender that is considered for admission or admitted into drug court: (1) Prior criminal history. (2) Prior substance abuse treatment history, including information on the success or failure of the drug offender in those programs. (3) Employment, education, and income histories. (4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations. (5)a. Instances of recidivism occurring after successful completion of drug court. Recidivism shall be measured at a period of three years after successful graduation. b. Instances of recidivism occurring after a drug offender's termination in drug court for a period of three years from release into the community. (6) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence; burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant for a capital offense, the trial court shall conduct a separate sentence hearing to determine whether the defendant shall be sentenced to life imprisonment without parole or to death. The sentence hearing shall be conducted as soon as practicable after the defendant is convicted. Provided, however, if the sentence hearing is to be conducted before the trial judge without a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere in this article, the trial court with the consent of both parties may delay the sentence hearing until it has received the pre-sentence investigation report specified in Section 13A-5-47(b). Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation report. (b) The state and the defendant shall be...
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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person; return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence has been pronounced, issue a warrant under the seal of the court for the execution of the sentence of death, which warrant shall recite the fact of conviction, setting forth specifically the offense, the judgment of the court and the time fixed for his execution, and which shall be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding him to proceed, at the time and place named in the sentence, to carry the same into execution, as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of the county in which such judgment of conviction was had, to be by him delivered to the said warden, together with the condemned person as provided in...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal sex offense involving a child shall mean a conviction for any sex offense in which the victim was a child under the age of 12 or any offense involving child pornography. (b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's attorney for the juvenile sex offender, of the pending release of the sex offender and provide them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c) For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original jurisdiction to try any individual who is 18 years of age or older and violates any of the juvenile criminal sex offender provisions of subdivision (1) of subsection...
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