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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary
leave, passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME
VICTIM ADVOCATE. A person who is employed or authorized by a public entity or a private entity
that receives public funding primarily to provide...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees;
inmate wages. (a) Community punishment and corrections funds may be used to develop or expand
the range of community punishments and services at the local level. Community-based programs
should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment
and supervision of program participants. The supervision and treatment of each program participant
is expected to be based on the participant's anticipated risk of reoffending, as determined
through a validated risk and needs assessment as defined in Section 12-25-32, administered
by the program. Supervision and treatment of program participants should include the following:
(1) Use of a validated risk and needs assessment; (2) Use of assessment results to provide
guidance for determining the appropriate level of supervision responses consistent with the
levels of supervision and evidence-based practices reasonably anticipated...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears
from a petition for a protection order or a petition to modify a protection order that abuse
has occurred or from a petition for a modification of a protection order that a modification
is warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime
of domestic violence in the first degree if the person commits the crime of assault in the
first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section
13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim
is a current or former spouse, parent, step-parent, child, step-child, any person with whom
the defendant has a child in common, a present household member, or a person who has or had
a dating relationship with the defendant. (2) For the purposes of this section, a household
member excludes non-romantic or non-intimate co-residents, and a dating relationship means
a current or former relationship of a romantic or intimate nature characterized by the expectation
of affectionate or sexual involvement by either party. (b) Domestic violence in the first
degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment
of...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit or district court
of the Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first
Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with
any of the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An
offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of
probation; sanctions. (a) The period of probation or suspension of execution of sentence shall
be determined by the court and shall not be waived by the defendant, and the period of probation
or suspension may be continued, extended, or terminated. However, except as provided in Section
32-5A-191 relating to ignition interlock requirements, in no case shall the maximum probation
period of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation
period of a defendant guilty of a felony exceed five years, except as provided in Section
13A-8-2.1. When the conditions of probation or suspension of sentence are fulfilled, the court
shall, by order duly entered on its minutes, discharge the defendant. (b) The court granting
probation, upon the recommendation of the officer supervising the probationer, may terminate
all authority and supervision over the probationer prior to the...
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15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition
of additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the
violation of laws of the state or municipal ordinances which are tried in any court or tribunal
in this state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated
a juvenile delinquent or youthful offender, or wherein a bond is forfeited and the result
of the forfeiture is a final disposition of the case or wherein any penalty is imposed, there
is imposed an additional cost of court in the amount of two dollars ($2) for each traffic
infraction, ten dollars ($10) in each proceeding where the offense constitutes a misdemeanor
and/or a violation of a municipal ordinance other than traffic infractions, and fifteen dollars
($15) in each proceeding where the offense constitutes a felony , but there shall be no additional
costs imposed for violations relating to parking of vehicles. The...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been
charged with a felony offense, except a violent offense as defined in Section 12-25-32,
may file a petition in the criminal division of the circuit court in the county in which the
charges were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless
the context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2)
CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual
misconduct, sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR.
Such term includes, but is not limited to, evidence of the complaining witness's marital history,
mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary
to the community standards. (b) In any prosecution for criminal sexual conduct or for assault
with intent to commit, attempt to commit or conspiracy to commit...
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41-9-80.7
Section 41-9-80.7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019
REGULAR SESSION, EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
If a person knowingly and willfully fails to give notice in violation of Section 41-9-80.3,
the Securities Commission, after notice and hearing pursuant to the Alabama Administrative
Procedure Act, may impose an assessment of up to the amount of the payment or obligation to
pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment
or obligation to pay, whichever is greater. (b)(1) If a person fails to pay the assessment
and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered
from the person by an action brought by the Securities Commission in any court of competent
jurisdiction. (2) Notwithstanding any provision of law to the contrary, an alleged failure
by a convicted individual to give notice under Section 41-9-80.3 may not result in...
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