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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-8.htm - 7K - Match Info - Similar pages
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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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (a) The Alabama State
Law Enforcement Agency shall implement a system of active and passive electronic monitoring
that identifies the location of a monitored person and that can produce upon request reports
or records of the person's presence near or within a crime scene or prohibited area, the person's
departure from specified geographic limitations, or curfew violations by the offender. The
Director of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary
to implement and administer this system of active electronic monitoring including establishing
policies and procedures to notify the person's probation and parole officer or other court-appointed
supervising authority when a violation of his or her electronic monitoring restrictions has
occurred. (b) The Board of Pardons and Paroles or a court may require, as a condition of release
on parole, probation, community corrections, court referral...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-20.htm - 3K - Match Info - Similar pages
12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-102.htm - 12K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.4.htm - 12K - Match Info - Similar pages
38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of
determinations. (a) Criminal history background information checks shall be performed by the
Department of Public Safety upon request by an employer, child care facility, adult care facility,
or child placing agency authorized to make a request, or the Department of Human Resources.
The Department of Public Safety shall provide a criminal history background check within a
reasonable time of the receipt of the request. National criminal history background checks
shall be requested by the Department of Public Safety from the Federal Bureau of Investigation
within a reasonable time of the request. The Department of Public Safety, upon receipt of
the criminal history background report from the Federal Bureau of Investigation, shall forward
the report to the Department of Human Resources within a reasonable period. (b) Criminal history
background information reports shall be sent from the Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-7.htm - 7K - Match Info - Similar pages
15-22-28
Section 15-22-28 Investigation for parole; temporary leave; parole restrictions. (a)
It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make
an investigation of any and all prisoners confined in the jails and prisons of the state,
through use of a validated risk and needs assessment as defined in Section 12-25-32,
with a view of determining the feasibility of releasing the prisoners on parole and effecting
their reclamation. Reinvestigations shall be made from time to time as the board may determine
or as the Department of Corrections may request. The investigations shall include such reports
and other information as the board may require from the Department of Corrections or any of
its officers, agents, or employees. (b) It shall be the duty of the Department of Corrections
to cooperate with the Board of Pardons and Paroles for the purpose of carrying out this article.
(c) Temporary leave from prison, including Christmas furloughs, may be granted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-28.htm - 7K - Match Info - Similar pages
15-19-6
Section 15-19-6 Disposition upon adjudication. (a) If a person is adjudged a youthful
offender and the underlying charge is a felony, the court shall: (1) Suspend the imposition
or execution of sentence with or without probation; (2) Place the defendant on probation for
a period not to exceed three years; (3) Impose a fine as provided by law for the offense with
or without probation or commitment; (4) Commit the defendant to the custody of the Board of
Corrections for a term of three years or a lesser term. (b) Where a sentence of fine is not
otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized
in this section, the court may impose a fine of not more than $1,000. In imposing a
fine the court may authorize its payment in installments. (c) In placing a defendant on probation,
the court shall direct that he be placed under the supervision of the appropriate probation
agency. (d) If the underlying charge is a misdemeanor, a person adjudged a...
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13A-5-39
Section 13A-5-39 Definitions. As used in this article, these terms shall be defined
as follows: (1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence
of death or life imprisonment without parole, or in the case of a defendant who establishes
that he or she was under the age of 18 years at the time of the capital offense, life imprisonment,
or life imprisonment without parole, according to the provisions of this article. (2) DURING.
The term as used in Section 13A-5-40(a) means in the course of or in connection with
the commission of, or in immediate flight from the commission of the underlying felony or
attempt thereof. (3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided
in Section 13A-7-40(2) and (3). (4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined
as provided in Section 13A-1-2(14). (5) MURDER and MURDER BY THE DEFENDANT. Shall be
defined as provided in Section 13A-5-40(b). (6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL...
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