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13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context requires otherwise. (b) The following definitions are also
applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant
to a lawful arrest, conviction or order of court, but does not include mere supervision of
probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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15-18-1
Section 15-18-1 Legal punishments; sentencing; liability of Department of Corrections for costs.
(a) The only legal punishments, besides removal from office and disqualification to hold office,
are fines, hard labor for the county, imprisonment in the county jail, imprisonment in the
penitentiary, which includes hard labor for the state, and death. (b) In all cases in which
the period of imprisonment in the penitentiary or hard labor for the county is more than three
years, the judge shall sentence the party to imprisonment in the penitentiary. In all cases
of conviction for felonies in which imprisonment or hard labor is for more than 12 months
and not more than three years, the judge may sentence the party to imprisonment in the penitentiary,
confinement in the county jail, or to hard labor for the county, at his or her discretion,
any other provision of law to the contrary notwithstanding. In all cases in which the imprisonment
or sentence to hard labor is 12 months or less, the...
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15-19-6
Section 15-19-6 Disposition upon adjudication. (a) If a person is adjudged a youthful offender
and the underlying charge is a felony, the court shall: (1) Suspend the imposition or execution
of sentence with or without probation; (2) Place the defendant on probation for a period not
to exceed three years; (3) Impose a fine as provided by law for the offense with or without
probation or commitment; (4) Commit the defendant to the custody of the Board of Corrections
for a term of three years or a lesser term. (b) Where a sentence of fine is not otherwise
authorized by law, then, in lieu of or in addition to any of the dispositions authorized in
this section, the court may impose a fine of not more than $1,000. In imposing a fine the
court may authorize its payment in installments. (c) In placing a defendant on probation,
the court shall direct that he be placed under the supervision of the appropriate probation
agency. (d) If the underlying charge is a misdemeanor, a person adjudged a...
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11-99A-2
include gambling or gaming establishments. (7) MUNICIPALITY. An incorporated city or town in
the state. (8) OWNER. The person or persons in whose name property within a district is assessed
for ad valorem property tax purposes. Notwithstanding the preceding sentence, in the case
of a trust, the owner of the property is the trustee; in the case of an estate, the owner
of the property is the executor or administrator; in the case of a minor, the owner of the
property is the guardian, or other personal representative. "Owner" only
includes the holders of present interests, and not the holders of future interests in property.
In the case of land with respect to which a person owns an option to purchase or a contract
to purchase, the holder of the option or purchase contract shall be considered the owner,
rather than the person holding legal title to the real estate, provided that the person owning
an option or real estate contract certifies under oath that the person will purchase real...
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12-15-301
is a relative of the child and has been providing care and support for the child while the
child has been residing in the home of the caregiver for at least the last six consecutive
months while in the legal custody of the Department of Human Resources or a designated official
for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm
to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental
physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation
or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined
in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of
child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has
been residing with the caregiver for at least the last six consecutive months while in the
legal custody of the Department of Human Resources. (7) FORENSIC...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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22-21-311
Section 22-21-311 Definitions. (a) The following words and phrases used in this article, and
others evidently intended as the equivalent thereof, shall, in the absence of clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of a county, municipality,
or educational institution, or two or more thereof, in accordance with the provisions of Section
22-21-313. (2) AUTHORITY. A public corporation organized, and any public hospital corporation
reincorporated, pursuant to the provisions hereof. (3) AUTHORIZING RESOLUTION. The resolution
adopted by the governing body of an authorizing subdivision, in accordance with the provisions
of Section 22-21-313 or Section 22-21-341, that authorizes the incorporation of an authority
or the reincorporation of a public hospital corporation. (4) AUTHORIZING SUBDIVISION. Each
county, municipality, and educational institution with...
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22-27-12
Section 22-27-12 Powers of department. The department may do the following: (1) Adopt rules
to implement this article. (2) Adopt rules establishing requirements and restrictions for
the management of solid waste, excluding the collection and transportation of nonhazardous
and nonmedical solid waste. The rules may include factors such as the characteristics of the
solid waste, the potential for contamination of soils or ground and surface waters, the design
and operation of management facilities, the financial capabilities of the applicant, soil
and geological considerations, human health, and other environmental considerations. With
respect to solid waste disposal or materials recovery facilities, the rules may also include
factors such as the quantity, nature, and origin of solid wastes and recovered materials to
be managed. The department may condition the issuance of a permit for any solid waste management
or materials recovery facility upon the facility being consistent with...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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