Code of Alabama

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45-42-82.40
court referral office personnel, whether employed in the State of Alabama or elsewhere. (5)
OFFENDER. Any person charged with a criminal offense, including, but not limited to, any felony,
misdemeanor, violation, or traffic offense, as defined by this code, which was allegedly committed
in the jurisdiction of the Thirty-ninth Judicial Circuit. (6) PRETRIAL DIVERSION PROGRAM or
PROGRAM. A program that allows the imposition of certain conditions of behavior and conduct
by the district attorney or by a designated agency for a specified period of time upon an
offender which would allow the offender to have his or her charges reduced, dismissed with
or without prejudice, or otherwise mitigated should all of the conditions be met during the
time frame set by the district attorney. (7) SERIOUS PHYSICAL INJURY. As defined in
subdivision (14) of Section 13A-1-2. (8) SUPERVISION FEE. Any fee imposed by any agency providing
supervision or treatment of an offender. (Act 2012-360, p. 892, ยง 1.)...
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45-45A-31.25
defined in Section 13A-1-2. (14) To pay supervision fees and application fees pursuant to this
subpart. (15) To observe curfews or home detention or travel constraints as set out in agreement
signed by the offender. (16) To have restitution, court costs, fees, child support, and any
other moneys withheld or garnished from the wages or salary of the offender or withheld from
any Alabama income tax due the offender, or from any available insurance policy, or forfeited
from any other real or personal property of the offender, and applied to the above.
(17) To be admitted to a drug or alcohol treatment program on an inpatient or outpatient basis
or receive other treatment alternatives for substance abuse. (18) To submit to periodic or
random drug testing as part of the program and other terms and conditions related to substance
abuse as the city attorney may direct. (19) To waive in writing the right of the offender
to a probation hearing in the event of termination or withdrawal from...
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45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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45-9-82.29
Section 45-9-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the sentence the offender will receive.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
offense and receives a specific sentence, this agreement concerning the offense and sentence
shall be approved by an appropriate Circuit or District Judge of the Fifth Judicial Circuit
prior to admission of the offender in the pretrial diversion program. The district attorney
may recommend that the court withhold adjudication of guilt or...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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15-22-53
Section 15-22-53 Powers and duties of probation officers; restrictions on inspection of records,
reports, etc., of probation officers. (a) A probation officer shall investigate all cases
referred to him or her for investigation by any court or by the Board of Pardons and Paroles
and shall report in writing thereon. He or she shall furnish to persons released on probation
under his or her supervision a written statement of the conditions of probation and shall
instruct them regarding the same. Such officer shall keep informed concerning the conduct
and condition of each person on probation under his or her supervision by visiting, requiring
reports, and in other ways, based on the offender's measured risk of offending, and he or
she shall report thereon in writing as often as the court or the board may require. The officer
shall use all practicable and suitable evidence-based practices as defined in Section 12-25-32,
not inconsistent with the provisions imposed by the court, to aid and...
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41-15-4
Section 41-15-4 Value for which state property to be insured; annual certification; gap coverage
and gap plus coverage; survey of public property; sale or salvage of insured items. (a) All
covered property, unless otherwise provided in this section, shall be insured for no more
than its replacement cost and shall be insured for no less than 80 percent of its actual cash
value. Replacement cost coverage may be provided with an amount of insurance as agreed upon
by the proper insuring authority and the risk manager based upon a written statement of values.
Replacement cost shall be the cost to repair or replace property with comparable materials
of like kind and quality by generally accepted construction methods or technology to serve
the same function as the lost or damaged property. No payment for a loss shall exceed the
limit of the policy. (b) The officer or person having charge by law of insuring any public
building, contents, machinery, and equipment shall annually certify to the...
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44-1-25
Section 44-1-25 Development of department program. The department of youth services shall develop
a workable program of youth services as follows: (1) Collect statistics, information and data
concerning the need for and condition of rehabilitative services to delinquent youth or youth
in need of supervision throughout the state; (2) Disseminate information to the public and
to appropriate public and private agencies and organizations within the state on the conditions
and needs thus ascertained; (3) Serve in a consultative and licensing capacity and develop
materials and standards concerning delinquent youth within the state; (4) Enlist the participation
of citizens and representatives of other agencies and organizations in the planning and development
throughout the state of an adequate youth services program as provided for in this chapter;
(5) Cooperate with and assist other public and voluntary agencies and organizations in the
development and coordination of programs and...
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45-3-82.49
Section 45-3-82.49 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
is suggested to receive. If, as part of the pretrial diversion program, the offender agrees
to plead guilty to a particular offense and to be subjected to receive a recommended specific
sentence, this agreement concerning the offense and suggested or recommended sentence, or
both, shall be submitted to and shall be subject to the approval or disapproval by an appropriate
circuit or district judge of this state prior to admission of the...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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