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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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15-12-1
(7) NONOVERHEAD EXPENSES. The reasonable expenses incurred during and directly related to an
appointed counsel's legal representation of an indigent defendant including, but not limited
to, mileage, postage, and reasonable costs of photocopying. Nonoverhead expenses do not include
fees and expenses of all experts, investigators, and others rendering indigent defense services
to be used by counsel for an indigent defendant; office overhead expenses, such as professional
license fees; malpractice, casualty, health, general disability, and workers' compensation
insurance; office salaries; ad valorem taxes; office supplies; office rent; depreciation of
office equipment and furniture; continuing legal education expenses, including travel and
lodging; utilities; bank fees and interest on loans; professional fees; and other overhead
expenses or costs. (8) OFFICE. The Office of Indigent Defense Services. (9) PUBLIC DEFENDER.
Any attorney licensed to practice law in the State of Alabama,...
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15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex offender
required to register under this chapter may petition the court for relief from the residency
restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender
is terminally ill or permanently immobile, or the sex offender has a debilitating medical
condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed in
the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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22-35-3
Section 22-35-3 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently
to the ground or other support structure (including pipes connected thereto) used to contain
an accumulation of motor fuels, the volume of which (including pipes connected thereto) is
greater than 90 percent above the surface of the ground. The terms "Underground Storage
Tank" and "Aboveground Storage Tank" do not include any: a. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
b. Tank used for storing heating oil for consumptive use on the premises where stored; c.
Septic tank; d. Pipeline facility (including gathering lines) regulated under: 1. The Natural
Gas Pipeline Safety Act of 1968, 2. The Hazardous Liquid Pipeline Safety Act of 1979, and
3....
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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2-27-9
Section 2-27-9 Registration, application, and fees; registration powers of commissioner; appeal
and review. (a) Every pesticide or device which is distributed, sold, or offered for sale
within this state or delivered for transportation or transported in intrastate commerce or
between points within this state through any point outside this state shall be registered
with the commissioner upon application forms prescribed and furnished by the commissioner,
and such registration or registrations shall be renewed during the registrant's renewal year,
due January 1 of the renewal year. The applicant shall pay a biennial registration fee established
by the Board of Agriculture and Industries not to exceed six hundred dollars ($600). The fee
shall be paid according to the schedule in subsection (i). The fee shall accompany the application
for registration and be deposited to the credit of the Agricultural Fund of the State Treasury
for the exclusive benefit of the Pesticide Management Division...
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8-15-13
Section 8-15-13 Public hearing on operations; notice of hearing; sworn testimony heard; authority
to subpoena witnesses; witness fees; production of books and records; appearance in person
or by counsel; failure to obey process; rules of evidence not applicable. (a) In the event
the Commissioner of Agriculture and Industries is of the opinion that a condition exists which
would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse
by reason of the manner in which such public warehouse is being operated or that the same
is being operated without having complied with the laws or rules and regulations relating
to the operation of public warehouses, he shall order a public hearing thereon, to be held
in the office of the commissioner at Montgomery or at the courthouse of the county in which
the warehouse is being operated, to determine what action shall be taken relative to the said
warehouse. (b) It shall be the duty of the Commissioner of Agriculture...
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15-22-23
Section 15-22-23 Board of Pardons and Paroles - Meetings; conditions to board actions; due
notice. (a) Meetings of the Board of Pardons and Paroles shall be held at the call of the
chairman or as may be determined by the board. Meetings set for the purpose of conducting
hearings and making determinations concerning pardons, paroles, restorations of political
and civil rights, remission of fines and forfeitures, and revocations may be set by the chairman,
the board, or a panel of the board designated for such purpose. (b) The Board of Pardons and
Paroles shall have no power or authority to tentatively approve, grant, or order any pardon,
parole, or remission of fine or other forfeiture unless and until all of the following conditions
are met: (1) The action is taken in an open public meeting of the board held after notice
of the meeting has been given to each member of the board in such manner as the board directs;
and (2) Due notice of the time, date, and place of the meeting and the...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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