Code of Alabama

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22-52-32
Section 22-52-32 Proceedings where persons accused of crimes and committed to custody of Department
of Mental Health found competent to stand trial or charges nolle prossed or dismissed. Where
the superintendent of Bryce or Searcy Hospital or any other facility so designated by the
commissioner, after evaluation by appropriate members of the medical staffs of said facilities
as so designated by the superintendent, has determined that any person accused of a crime
and committed to the custody of the department in one of its facilities is competent to stand
trial, or where the superintendent has been notified in writing by the committing court that
charges have been nolle prossed or otherwise dismissed against any person currently confined
to the custody of such facility, it shall be the duty of the superintendent to immediately
notify in writing the court from which the person was committed. The court shall forthwith
order the sheriff to remove the person from said facility back to the...
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22-52-34
Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain persons
in custody of Department of Mental Health. (a) Where any person is in the custody of the Department
of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner
shall direct the superintendent of Bryce or Searcy Hospital or any other facility so designated
by the commissioner to reevaluate the mental condition of such person for a determination
as to whether or not he or she meets the minimum standards for civil commitment as defined
in Section 22-52-37. Where the sentence for which said person was committed has expired and
where said person meets the minimum standards for involuntary civil commitment, 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...
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13A-11-43
Section 13A-11-43 Exceptions; destruction of photographs, recordings, etc. (a) Section 13A-11-42
does not apply to viewing, photographing, or filming by personnel of the Department of Corrections
or of a local jail or correctional facility for security purposes or during investigation
of an alleged misconduct by a person in the custody of the Department of Corrections or the
local jail or correctional facility. (b) Notwithstanding ordinary rules of court and preservation
of evidence, if a person is adjudicated or convicted of a violation of Section 13A-11-41 or
Section 13A-11-42, a court may order the destruction of any photograph, motion picture film,
digital image, digital video, videotape, or any other recording of an image that was made
by the person in violation of this article; provided that the victim, or victim's representative,
is provided with written notice 90 days before the destruction is to occur. Except as prohibited
by state or federal law, the victim, or victim's...
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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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38-7-11
Section 38-7-11 Inspection of facilities. The department shall have the right and its authorized
representatives shall be afforded reasonable opportunity, to inspect any child-care facility
seeking a license or an approval or a six-month permit pursuant to this chapter, any child-care
facility seeking a renewal of a license or an approval or a six-month permit pursuant to this
chapter and any child-care facility which is operating under a license or an approval or a
six-month permit issued pursuant to this chapter. Such inspection shall include, but not be
limited to, premises, services, personnel, program, accounts and records, interviews with
agents and employees of the child-care facility being inspected and interviews with any child
or other person within the custody or control of said child-care facility. Such inspection
shall be made at any reasonable time, without prior notice, and as often as necessary to enforce
and administer the provisions of this chapter. It shall be the...
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14-3-30
Section 14-3-30 Temporary confinement of convict pending removal; inmate developing medical
condition which requires treatment. (a) When any convict is sentenced to the penitentiary,
the judge of the court in which the sentence is rendered shall order the inmate to be confined
in the nearest secure jail. The clerk of the court shall at once notify the Department of
Corrections as to the jail where the inmate is confined, forward to the department a copy
of the judgment entry and sentence in the case, and inform the department if any special care
is necessary to guard the inmate. Thereupon, the department shall direct where the inmate
shall be taken for confinement or hard labor. (b) When an inmate sentenced to the custody
of the department and the department is in receipt of a transcript of such sentence, is being
housed in a county jail, and the inmate develops a medical condition which requires immediate
treatment at a medical-care facility outside the county jail, the department...
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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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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
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22-52-10.5
Section 22-52-10.5 Facilities for inpatient treatment; length of treatment; cost. (a) At the
final hearing on a petition for involuntary commitment or a hearing for the revocation of
a prior order for commitment to outpatient treatment, the probate court may order that the
respondent be committed to: (i) the department for inpatient treatment at a state mental health
facility, or (ii) the department for inpatient treatment at a designated mental health facility.
(b) Pursuant to this section, an order for inpatient treatment shall not exceed 150 days.
(c) No county shall be required to pay the cost of inpatient treatment provided at a state
mental health facility or inpatient treatment authorized by the department at a designated
mental health facility. (Acts 1991, No. 91-440, p. 783, ยง15.)...
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