44-1-26
Section 44-1-26 Salary subsidies for probation services; juvenile probation officers; responsibilities of Department of Human Resources. Repealed by Act 98-392, p. 782, §17, effective July 21, 2004. (Acts 1973, No. 816, p. 1261, §8; Acts 1994, 1st Ex. Sess., No. 94-829, p. 168, §1.)...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any person, department, agency, or entity, except as provided elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but not limited to: a. Records of juvenile probation officers. b. Records of the Department of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education records, including, but not limited to, individualized education plans. k. Detention records. l. Demographic information that identifies a child or the family of a...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution....
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40-18-214
Section 40-18-214 Availability of tariff credits; tariff costs treated as income; minimum employment level. REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. (Act 2011-648, p. 1651, §10.)...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense: (1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision. (2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness. (3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric profiles indicate a risk of recidivism. (5) The relationship between the...
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12-15-61
Section 12-15-61 Definitions; facilities to be used for detention or shelter care of children generally; when delinquent child, etc., may be detained in jail or other facility for detention of adults; notification of court, etc., when child received at facility for detention of adult offenders or persons charged with crimes; development of statewide system; department to subsidize detention in regional facilities, may contract for detention; transfer of child to detention facility, etc., when case transferred from juvenile court for criminal prosecution. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 12-15-208 BY ACT 2008-277, EFFECTIVE JANUARY 1, 2009. (Acts 1975, No. 1205, p. 2384, §5-122; Acts 1990, No. 90-674, p. 1304, §9; Acts 1991, No. 91-634, p. 1192, §1; Acts 1996, No. 96-570, p. 864, §1.)...
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41-9-623
Section 41-9-623 Submission of data to Alabama State Law Enforcement Agency. (a) All criminal justice agencies within the state shall submit to ALEA fingerprints, descriptions, photographs, and other identifying data on the following persons: (1) Persons who have been lawfully arrested in this state for an offense. (2) Persons who have been charged with an act of delinquency or adjudicated a youthful offender for conduct which would constitute an offense if committed by an adult. (b) All chiefs of police, sheriffs, prosecuting attorneys, parole and probation officers, wardens, or other persons in charge of correctional or detention institutions in this state shall furnish ALEA with any other data deemed necessary by the commission to carry out its responsibilities under this article. (c) The Administrative Director of Courts or the chief administrative officer of any other entity charged with the compilation of information and statistics pertaining to the disposition of criminal,...
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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence structure, including laws, policies, and practices, and to determine and recommend to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and other aspects of sentencing policies and practices appropriate for the state which: (1) Secure the public safety of the state by providing a swift and sure response to the commission of crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult and juvenile criminal offenders which provides certainty in sentencing, maintains judicial discretion and sufficient flexibility to permit individualized sentencing as warranted by mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants with like criminal records who have been found guilty of similar criminal conduct. Where there is disparity, it should be rational and not related, for example, to...
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested, and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense. (2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon. (4) A felony which has as an element thereof the causing of death or serious physical injury. (5) A felony which has as an element thereof the use of a dangerous instrument against any person who is one of the following: a. A law enforcement officer or official. b. A correctional officer or official. c. A parole or probation officer or...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement agencies shall take special precautions to ensure that law enforcement records and files concerning a child will be maintained in a manner and pursuant to those safeguards that will protect against disclosure to any unauthorized person, department, agency, or entity. Unless a charge of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the juvenile court otherwise orders in the interests of the child or of national security, the law enforcement records and files with respect to the child shall not be open to public inspection nor their contents disclosed to the public. (b) Law enforcement records and files described in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile court having a child currently before it in any proceeding. (2) Personnel of the Department of Human Resources, the Department of Youth Services, public and...
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