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45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth
Judicial Circuit may apply to the District Attorney of the Twelfth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for admission into the program: (1) A traffic offense, other than driving under
the influence (DUI), or a traffic offense charged to a commercial driver license holder, whether
or not the holder was operating a commercial motor vehicle at the time of the 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. (6) A violation classified...
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45-3-82.42
Section 45-3-82.42 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
Third Judicial Circuit may apply to the District Attorney of the Third 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) A traffic offense, other than driving under the influence
(DUI) or a traffic offense charged to a commercial driver's license holder, whether or not
the holder was operating a commercial motor vehicle at the time of the 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. (6) A violation classified under the Code of...
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14-11-30
Section 14-11-30 Definitions. When used in this article, the following words shall have the
following meanings: (1) CUSTODY. Any of the following: a. Pretrial incarceration or detention.
b. Incarceration or detention under a sentence or commitment to a state or local penal institution,
any detention facility for children or youthful offenders. c. Parole or mandatory supervised
release. d. Electronic home detention. e. Parole or probation. (2) EMPLOYEE. An employee or
contractual employee of any governmental agency of the state, county, or municipality that
has by statute, ordinance, or court order the responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system or detention facility. (3) SEXUAL CONDUCT.
Any of the following acts: a. Sexual intercourse. This term shall have its ordinary meaning
and occurs upon a penetration, however slight; emission is not required. b. Sexual contact.
Any known touching for the purpose of sexual arousal,...
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15-23-11
Section 15-23-11 Filing claim under article constitutes waiver of physician-patient privilege.
(a) Any person filing a claim under the provisions of this article shall be deemed to have
waived any physician-patient privilege as to communications or records relevant to an issue
of the physical, mental or emotional conditions of the claimant. (b) If the mental, physical
or emotional condition of a claimant is material to a claim, the commission upon physical
examination may order an autopsy of a deceased victim. The order shall specify the time, place,
manner, conditions and scope of the examination or autopsy and the person by whom it is to
be made. The order shall also require the person to file with the commission a detailed written
report of the examination or autopsy. The report shall set out the findings of the person
making the report, including results of all tests made, diagnoses, prognoses and other conclusions
and reports of earlier examinations of the same conditions. (c) The...
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22-11A-17
Section 22-11A-17 Testing of correctional facility inmates for sexually transmitted diseases;
treatment; discharge of infectious inmates; victim may request results of HIV testing. (a)
All persons sentenced to confinement or imprisonment in any city or county jail or any state
correctional facility for 30 or more consecutive days shall be tested for those sexually transmitted
diseases designated by the State Board of Health, upon entering the facility, and any inmate
so confined for more than 90 days shall be examined for those sexually transmitted diseases
30 days before release. The results of any positive or reactive tests shall be reported as
provided in Section 22-11A-14. Additionally, the results of any positive or negative test
for HIV of a sexual offender shall be provided to the State Health Officer or his or her designee
as provided in Section 22-11A-14. The provisions of this section shall not be construed to
require the testing of any person held in a city or county jail...
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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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45-39-82.02
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-12-200.1
Section 13A-12-200.1 Definitions. As used in this division, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ADULT BOOKSTORES and ADULT
VIDEO STORES. A commercial establishment in which is offered for sale or rent any book, video,
film, or other medium which in the aggregate constitute substantially all of its stock or
inventory which depicts sexual conduct as defined herein. (2) ADULT MOVIE HOUSE. A place where
obscene "adult films" depicting sexual conduct are shown. (3) ADULT-ONLY ENTERTAINMENT.
Any commercial establishment or private club where entertainers, employees, dancers, or waiters
appear nude or semi-nude. (4) BREAST NUDITY. The showing of the post-pubertal human female
breasts below a point immediately above the top of the areola. (5) DISPLAY FOR SALE. To expose,
place, exhibit, show, or in any fashion display any material for the purpose of the sale of
such material to any person in a manner that a minor can physically examine...
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13A-6-155
Section 13A-6-155 Mandatory restitution. (a) A person or entity convicted of any violation
of this article shall be ordered to pay mandatory restitution to the victim, prosecutorial,
or law enforcement entity, with the proceeds from property forfeited under Section 13A-6-156
applied first to payment of restitution. Restitution under this section shall include items
covered under Article 4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and
any of the following: (1) Costs of medical and psychological treatment, including physical
and occupational therapy and rehabilitation, at the court's discretion. (2) Costs of necessary
transportation, temporary housing, and child care, at the court's discretion. (3) Cost of
the investigation and prosecution, attorney's fees, and other court-related costs such as
victim advocate fees. (4) The greater of a. the value of the human trafficking victim's labor
as guaranteed under the minimum wage and overtime provisions of the Fair Labor...
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13A-11-70
Section 13A-11-70 Definitions. For the purposes of this division, the following terms shall
have the respective meanings ascribed by this section: (1) PISTOL. Any firearm with a barrel
less than 12 inches in length. (2) CRIME OF VIOLENCE. Any of the following crimes or an attempt
to commit any of them, namely, murder, manslaughter, (except manslaughter arising out of the
operation of a vehicle), rape, mayhem, assault with intent to rob, assault with intent to
ravish, assault with intent to murder, robbery, burglary, and kidnapping. "Crime of violence"
shall also mean any Class A felony or any Class B felony that has as an element serious physical
injury, the distribution or manufacture of a controlled substance, or is of a sexual nature
involving a child under the age of 12. (3) PERSON. Such term includes any firm, partnership,
association or corporation. (Acts 1936, Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §172;
Acts 1947, No. 616, p. 463, §1; Acts 1951, No. 784, p. 1378; Code...
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