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12-26-7
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing. (a)
A petition to obtain an order of limited relief shall include a sworn statement made under
penalty of perjury by the petitioner stating all of the following: (1) That the petitioner
is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited
relief. (2) Whether the petitioner has previously applied for an order of limited relief in
any jurisdiction and whether an order has been granted previously. (3) A list specifying the
convictions and collateral consequences to which the order should apply. (b) Once a petition
has been filed, the circuit clerk shall serve the petition on the occupational licensing board,
as defined in Section 41-9A-1, or other entity responsible for the collateral consequence
that the petitioner is seeking relief from. Once service is made, the court shall review available
presentence and other reports on the defendant and may order a...
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13A-11-161
Section 13A-11-161 Publication of certain documents considered privileged. The publication
of a fair and impartial report of the return of any indictment, the issuance of any warrant,
the arrest of any person for any cause or the filing of any affidavit, pleading or other document
in any criminal or civil proceeding in any court, or of a fair and impartial report of the
contents thereof, or of any charge of crime made to any judicial officer or body, or of any
report of any grand jury, or of any investigation made by any legislative committee, or other
public body or officer, shall be privileged, unless it be proved that the same was published
with actual malice, or that the defendant has refused or neglected to publish in the same
manner in which the publication complained of appeared, a reasonable explanation or contradiction
thereof by the plaintiff, or that the publisher has refused upon the written request of the
plaintiff to publish the subsequent determination of such suit,...
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15-18-142
Section 15-18-142 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, in the singular or plural case, the following terms shall mean: (1) PERSON.
a. A human being. b. A public or private corporation, an unincorporated association, a partnership,
or other entity established by law. c. A government or governmental instrumentality, including,
but not limited to the State of Alabama or any political subdivision thereof. (2) RESTITUTION.
An amount of money ordered by a court to be paid to a clerk or other person by a defendant
for the use and benefit of a victim of the defendant's criminal offense. (3) DEFENDANT. A
person, as defined, who has been ordered by a court to pay restitution. (4) CRIMINAL OFFENSE.
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine
is provided by any law of this state or by any law, local law,...
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15-25-5
Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or deposition
of victim or witness under age 10. In any criminal proceeding and juvenile cases wherein the
defendant is alleged to have had unlawful sexual contact or penetration with or on a child,
the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged
victim or witness who is under the age of 10 in testifying on direct and cross-examination
at trial, or in a videotaped deposition as provided in this article. (Acts 1985, No. 85-743,
p. 1143, §5.)...
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22-52-31
Section 22-52-31 Proceedings for civil commitment of persons accused of crimes, committed to
custody of Department of Mental Health and determined to be unable to attain capacity to proceed
to trial in foreseeable future; effect of such civil commitment upon statute of limitations,
etc. (a) Upon certification by the superintendent of Bryce or Searcy Hospital or any other
facility so designated by the commissioner that any person accused of a crime and committed
to the custody of the department in one of its facilities has been determined by appropriate
members of the medical staffs of said facilities as designated by the superintendent to be
unable to attain the capacity to proceed to trial in the foreseeable future, the commissioner
or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile
Counties or any judge of probate where such facility exists for an order of civil commitment
to the Department of Mental Health. All of the subsequent provisions...
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25-14-9
Section 25-14-9 Written contract; rights and duties of clients; employees, and professional
employer organizations. (a) All professional employer organization arrangements shall have
a written contract between the client and the professional employer organization recognizing
the rights, responsibilities, and duties of each party. The contract shall disclose to the
client the services to be rendered by the professional employer organization, including the
total administrative fees charged for professional employer organization services, the respective
rights and obligations of the parties, and shall provide the following: (1) The professional
employer organization reserves a right of direction and control over contract employees and
exercises that right in the context of the need to do so according to the terms and conditions
of the professional employment agreement. The client, however, as an employer, may retain
sufficient direction and control over covered employees necessary to...
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41-9-1061
Section 41-9-1061 Purposes, duties. (a) The commission shall study the conditions, needs, issues,
and problems of the criminal justice system in Alabama as it affects girls and women by conducting
walk through inspections of each of the women's correctional facilities and female youth facilities
and shall have unimpeded access to all documents of public record produced, used, and maintained
by entities of the criminal justice system to assess the needs of the beneficiary population
and to assess the impact of the commission's recommendations. (b) The commission shall conduct
beneficiary panels and focus groups to assess needs of the beneficiary population to ensure
the responsiveness and accountability of the criminal justice system. (c) In conducting such
study, the commission shall study best practices regarding women victims and offenders in
Alabama and other states and shall elicit views from experts in the field of criminal justice,
drug treatment, and domestic violence. (d) The...
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45-39-81.01
Section 45-39-81.01 Additional court costs - Criminal cases. In addition to all other fees
and court costs, the clerk of the circuit court and the clerk of the district court of Lauderdale
County shall assess and collect a fee to be determined by the county commission, not exceeding
thirty-five dollars ($35), in each criminal case, felony and misdemeanor, where costs or fees
are assessed against the defendant. The fee is to be paid by the clerk to the county for the
support of its work release program and for county jail purposes. (Act 96-315, p. 357, §1.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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15-23-72
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide
to the victim the date of a conviction, acquittal, or dismissal of the charges filed against
the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal
offense for which the defendant was convicted, acquitted, or the effect of a dismissal of
the charges filed against the defendant. (2) If the defendant is convicted, on request, the
victim shall be notified, if applicable, of the following: a. The existence and function of
the pre-sentence report. b. The name, address, and telephone number of the office of the Board
of Pardons and Paroles which is preparing the pre-sentence report. c. The right to make a
victim impact statement. d. The right of the defendant to view the pre-sentence report. e.
The right to be present and be heard at any sentencing proceeding. f. The time, place, and
date of the sentencing proceeding. g. If the court orders restitution, the...
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