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12-25-34.2
Section 12-25-34.2 Presumptive sentencing standards. (a) For the purposes of this section,
the following words shall have the following meanings: (1) AGGRAVATING FACTORS. Substantial
and compelling reasons justifying an exceptional sentence whereby the sentencing court may
impose a departure sentence above the presumptive sentence recommendation for an offense.
Aggravating factors may result in dispositional or sentence range departures, or both, and
shall be stated on the record by the court. (2) DEPARTURE. A sentence which departs from the
presumptive sentence recommendation for an offender. (3) DISPOSITION. The part of the sentencing
courts presumptive sentence recommendation other than sentence length. (4) DISPOSITIONAL DEPARTURE.
A sentence which departs from the presumptive sentence recommendation for disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling reasons justifying an exceptional sentence
whereby the sentencing court may impose a departure sentence...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-34.2.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-23.htm - 6K - Match Info - Similar pages
15-22-1.3
Section 15-22-1.3 Interstate transfer application fee. (a) Any adult offender placed under
community supervision and released to the community under the jurisdiction of the courts,
paroling authorities, corrections, or other criminal justice agencies filing a written request
to transfer residence from this state to another state under the Interstate Compact for Adult
Offender Supervision shall pay a transfer application fee of seventy-five dollars ($75) for
each application prepared for the offender. An exemption from the transfer application fee
under this subsection may be granted by the Board of Pardons and Paroles for undue hardship
on a case-by-case basis upon the written request of the offender making an application for
transfer. (b) The proceeds of the application fees collected pursuant to subsection (a) shall
be deposited into the State Treasury to the credit of the Probationer's Upkeep Fund. The funds
are hereby continuously appropriated to the Board of Pardons and Paroles....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-1.3.htm - 1K - Match Info - Similar pages
15-22-54.1
Section 15-22-54.1 Resentencing. (a) Any person now serving a prison sentence based on revocation
of probation who would have been an eligible offender as defined in Section 15-22-54 at the
time of revocation shall be entitled to be resentenced upon petition to the sentencing court.
Such petition shall be on a form and filed in the manner prescribed by the Administrative
Office of Courts. Petitions shall be considered authorized motions for modification of sentence,
assigned a unique identifier by the Administrative Office of Courts, and shall not require
payment of a filing fee. (b) The court shall have jurisdiction to resentence the offender
in accordance with the terms of this section, upon a showing of the following: (1) The petitioner
met all requirements of an eligible offender as defined in Section 15-22-54 at the time of
revocation. (2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary
only as a result of administrative violations of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-54.1.htm - 1K - Match Info - Similar pages
15-20A-18
Section 15-20A-18 Adult sex offender - Identification requirements. (a) Every adult sex offender
who is a resident of this state shall obtain from the Alabama State Law Enforcement Agency,
and always have in his or her possession, a valid driver license or identification card issued
by the Alabama State Law Enforcement Agency. If any adult sex offender is ineligible to be
issued a driver license or official identification card, the Alabama State Law Enforcement
Agency shall provide the adult sex offender some other form of identification card or documentation
that, if it is kept in the possession of the adult sex offender, shall satisfy the requirements
of this section. If any adult sex offender is determined to be indigent, an identification
card, or other form of identification or documentation that satisfies the requirements of
this section, shall be issued to the adult sex offender at no cost. Indigence shall be determined
by order of the court prior to each issuance of a driver...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-18.htm - 3K - Match Info - Similar pages
11-27-3
Section 11-27-3 License tax. The county commissions of the several counties in this state are
hereby authorized and empowered to levy and collect a license tax on the gross revenue, of
the community antenna television franchise holder, derived within the area covered by said
franchise. The license tax, provided for herein, shall not exceed that percentage of gross
revenue set forth by the regulations of the Federal Communications Commission. Counties are
the only subdivision of the state entitled to levy such franchise fee in the unincorporated
areas of each county. (Acts 1982, 2nd Ex. Sess., No. 82-787, p. 291, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-27-3.htm - 931 bytes - Match Info - Similar pages
12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision (14)
of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-219.htm - 2K - Match Info - Similar pages
12-5A-5
Section 12-5A-5 Employees included in state court system personnel system; salary subsidies.
(a) On the effective date of this chapter, any juvenile probation officer serving the juvenile
court and any clerical employee or professional staff member who supports the juvenile probation
officers shall become the base group of employees to be transitioned to be employees of the
State of Alabama and be included in the state court system personnel system. The foregoing
provision shall have no application or effect as to any position that is established and filled
after passage of this chapter, unless prior written approval for the additional position is
provided by the Administrative Director of Courts, nor shall it apply to any position or employee
whose primary responsibility involves support to a juvenile detention or shelter care facility.
Any controversy regarding the composition of that class of persons or positions qualifying
as court personnel under this chapter shall be determined...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-5A-5.htm - 3K - Match Info - Similar pages
14-8-40
Section 14-8-40 Inmates not deemed state agents, etc.; cause of action against county, etc.
No inmate granted privileges under the provisions of this article shall be deemed to be an
agent, employee, or involuntary servant of the department, state, or county while involved
in the free community, while under the direction, control, and supervision of the inmate's
employer, or while going to and from employment or other specified areas. Any inmate participating
in a work release program authorized by this chapter or otherwise working outside the jail
or a correctional facility shall have no cause of action against the county or a community
correction agency, or an employee thereof, related to such activities, unless the county or
community corrections agency, or employee thereof, is willfully negligent in carrying out
their responsibilities. (Acts 1976, No. 637, p. 883, §11; Act 2002-497, p. 1287, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-8-40.htm - 1K - Match Info - Similar pages
15-18-113
Section 15-18-113 Eligibility. The department may adopt regulations as to the eligibility of
those inmates who are classified as minimum security risks for the extension of the limits
of confinement. However, no inmate who has ever been convicted of murder, kidnapping in the
first degree, rape in the first degree, sodomy in the first degree, arson in the first degree,
selling or trafficking in controlled substances, robbery in the first degree, burglary in
the first degree, sexual abuse in the first degree or assault in the first degree if said
assault leaves the victim permanently disfigured or disabled, shall be eligible for such inmate
community reintegration under the Supervised Intensive Restitution program. (Acts 1983, 3rd
Ex. Sess., No. 83-838, p. 62, §4; Acts 1984, 2nd Ex. Sess., No. 85-43, p. 67.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-113.htm - 1K - Match Info - Similar pages
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