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45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.23.htm - 1K - Match Info - Similar pages
15-20A-21
Section 15-20A-21 Adult sex offender - Community notification. (a) Immediately upon the release
of an adult sex offender or immediately upon notice of where the adult sex offender plans
to establish, or has established a fixed residence, the following procedures shall apply:
(1) In the Cities of Birmingham, Mobile, Huntsville, and Montgomery, the chief of police shall
notify all persons who have a legal residence within 1,000 feet of the declared fixed residence
of the adult sex offender and all schools and childcare facilities within three miles of the
declared fixed residence of the adult sex offender that the adult sex offender will be establishing
or has established as his or her fixed residence. (2) In all other cities in Alabama with
a resident population of 5,000 or more, the chief of police, or if none, then the sheriff
of the county, shall notify all persons who have a legal residence within 1,500 feet of the
declared fixed residence of the adult sex offender and all schools...
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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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45-45-83.46
Section 45-45-83.46 Fees. (a) An applicant may be assessed a fee when the applicant is approved
for the program. The amount of the assessment for participation in the program shall be in
addition to any court costs, assessments for victims, or drug, alcohol, or anger management
treatment required by law, the district attorney, or the court and shall be in addition to
costs of supervision, treatment, and restitution for which the pretrial admittee may be responsible.
Pretrial intervention program fees, as established by this section, may be waived or reduced
due to indigency or reduced ability to pay or for just cause at the discretion of the district
attorney. The determination of indigency of the offender, for the purpose of pretrial intervention
admission or fee waiver or reduction shall be made by the district attorney. A schedule of
payments for any of these fees may be established by the district attorney. (b) The following
fees, as set by the district attorney, shall be paid by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-83.46.htm - 3K - Match Info - Similar pages
6-5-332.1
Section 6-5-332.1 Immunity of persons assisting or advising as to mitigation of effects of
discharge of hazardous materials; nonimmunity of certain persons. (a) As used in this section,
the following words and terms shall have meanings respectively ascribed to them by this section:
(1) DISCHARGE. Includes leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Includes
all materials and substances which are now or hereafter designated or defined as hazardous
by any state or federal law or by the regulations of any state or federal government agency.
(3) PERSON. Includes any qualified individual, partnership, corporation, association, or other
entity. A qualified individual is one who is trained in the handling of hazardous materials.
(b) Notwithstanding any provision of law to the contrary, no person, including a response
action contractor as defined in Section 22-35-3, who provides assistance or advice in mitigating
or attempting to mitigate the effects of an actual or threatened...
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13A-6-151
Section 13A-6-151 Definitions. As used in this article, the following terms shall have the
following, or any combination of the following, meanings ascribed to them by this section:
(1) COERCION. Any of the following: a. Causing or threatening to cause physical injury or
mental suffering to any person, physically restraining or confining any person, or threatening
to physically restrain or confine any person or otherwise causing the person performing or
providing labor or services to believe that the person or another person will suffer physical
injury or mental suffering. b. Implementing any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would result in physical injury, mental
suffering, or physical restraint of any person. c. Destroying, concealing, removing, confiscating,
or withholding from the person or another person, or threatening to destroy, conceal, remove,
confiscate, or withhold from the person or another person, the person's...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-133.htm - 7K - Match Info - Similar pages
12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services
shall develop and maintain a pretrial diversion offender database. Any existing or newly created
pretrial diversion program, regardless of whether it was established by this division or created
by local law, municipal ordinance, or other administrative action, or is an existing district
attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry
into any pretrial diversion program, the district attorney or municipal prosecutor shall submit
information, including the name, date of birth, and identifying personal vital information
of a participating offender. The district attorney or municipal prosecutor shall also submit
the criminal statute or municipal ordinance violated, a brief description of any underlying
qualifying offense, and a brief description of the agreed upon disposition of the offense.
If the offender was prematurely terminated from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - 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
32-8-86
Section 32-8-86 Removed, falsified or unauthorized identification number, registration or license
plate; seizure of vehicle, part, etc., when number altered, etc.; disposition of forfeited
property. (a) A person who willfully removes or falsifies an identification number of a vehicle,
engine, transmission or other identifiable component part of a vehicle is guilty of a Class
A misdemeanor and shall be punished as required by law. (b) A person who, willfully and with
intent to conceal or misrepresent the identity of a vehicle, engine, transmission or other
identifiable component part of a vehicle or removes or falsifies an identification number
of the same is guilty of a Class C felony and shall be punished as required by law. (c) A
person who buys, receives, possesses, sells or disposes of a vehicle, or an engine, transmission
or other identifiable component part of a vehicle, knowing that an identification number of
the same has been removed or falsified, is guilty of a Class A...
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