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14-11-31
Section 14-11-31 Prohibited acts. (a) It shall be unlawful for any employee to engage
in sexual conduct with a person who is in the custody of the Department of Corrections, the
Department of Youth Services, a sheriff, a county, or a municipality. (b) It shall be unlawful
for any probation or parole officer to engage in sexual conduct with a person who is under
the supervisory, disciplinary, or custodial authority of the officer engaging in the sexual
conduct with the person. (c) Any person violating subsection (a) or (b) shall, upon conviction,
be guilty of custodial sexual misconduct. (d) Custodial sexual misconduct is a Class C felony.
(e) For purposes of this article, the consent of the person in custody of the Department of
Corrections, the Department of Youth Services, a sheriff, a county, or a municipality, or
a person who is on probation or on parole, shall not be a defense to a prosecution under this
article. (Act 2004-298, p. 420, ยง2.)...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall
have the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or
threatened harm to a child's health or welfare. Harm or threatened harm to a child's health
or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted
sexual abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes
the employment, use, persuasion, inducement, enticement, or coercion of any child to engage
in, or having a child assist any other person to engage in, any sexually explicit conduct
or any simulation of the conduct for the purpose of producing any visual depiction of the
conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children,
or incest with children as those acts are defined by Alabama law. Sexual exploitation includes
allowing, permitting, or encouraging a child to engage in prostitution and...
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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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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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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have
the following meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs,
or physical structure which shall provide the programs or custodial care for eligible persons
released from custody prior to the adjudication of their case or sentenced to participate
in programs developed pursuant to this part after having been adjudicated and sentenced. (2)
BALDWIN COUNTY COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised
by either the Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin
County Pretrial Release and Community Corrections Board for the deposit of all funds, from
whatever source, collected for the operation and supervision of the programs developed and
operated pursuant to this part. The agency superintending the Baldwin County Community Corrections
Center shall supervise and manage this account. Funds deposited into this...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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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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