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15-20A-44
Section 15-20A-44 Rulemaking authority. (a) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules establishing an administrative hearing for persons who are only made
subject to this chapter pursuant to subdivision (35) of Section 15-20A-5. (b) The Secretary
of the Alabama State Law Enforcement Agency shall adopt rules setting forth a listing of offenses
from other jurisdictions that are to be considered criminal sex offenses under subdivision
(35) of Section 15-20A-5. Thereafter, any individual convicted of any offense set forth in
the listing shall immediately be subject to this chapter and shall not be entitled to an administrative
hearing as provided in subsection (a). (c) The Secretary of the Alabama State Law Enforcement
Agency may adopt any rules as are necessary to implement and enforce this chapter. (Act 2011-640,
p. 1569, §44; Act 2015-463, p. 1506, §1; Act 2018-528, §4; Act 2019-465, §1.)...
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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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45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense
specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth
Judicial Circuit may apply to the District Attorney of the Twelfth Judicial Circuit for admittance
to the pretrial diversion program. (b) A person charged with any of the following offenses
may apply for admission into the program: (1) A traffic offense, other than driving under
the influence (DUI), or a traffic offense charged to a commercial driver license holder, whether
or not the holder was operating a commercial motor vehicle at the time of the 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. (6) A violation classified...
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45-3-82.42
Section 45-3-82.42 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
Third Judicial Circuit may apply to the District Attorney of the Third 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) A traffic offense, other than driving under the influence
(DUI) or a traffic offense charged to a commercial driver's license holder, whether or not
the holder was operating a commercial motor vehicle at the time of the 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. (6) A violation classified under the Code of...
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45-34-82.02
Section 45-34-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the Circuit or District Court of the
Twentieth Judicial Circuit may apply to the District Attorney of the Twentieth 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) A traffic offense, other than driving under the influence
(DUI) or a traffic offense charged to a commercial driver license holder, whether or not the
holder was operating a commercial motor vehicle at the time of the 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. (6) A violation classified under this...
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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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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision (14)
of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
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15-20A-14
Section 15-20A-14 Adult sex offender - Requirements upon entering state. (a) Any adult sex
offender who declares he or she is entering the state to establish a residence or who enters
this state to establish a residence shall immediately appear in person and register all required
registration information with local law enforcement in the county where the adult sex offender
intends to establish or establishes a residence. (b) Any adult sex offender who enters this
state to accept employment or a volunteer position or to become a student shall immediately
appear in person and register all required registration information with local law enforcement
in the county where the adult sex offender accepts employment or the volunteer position or
becomes a student. (c) Whenever an adult sex offender registers pursuant to this section,
he or she shall be subject to the requirements of this chapter. (d) Within 30 days of initial
registration, the adult sex offender shall provide each registering...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases
shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention
of children as determined from experience in Alabama and as computed by the Department of
Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or
child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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15-20A-9
Section 15-20A-9 Adult sex offender - Requirements prior to release. (a) At least 30 days prior
to release, or immediately upon notice of release if release is less than 30 days, of an adult
sex offender from the county jail, municipal jail, Department of Corrections, or any other
facility that has incarcerated the adult sex offender, or immediately upon conviction, if
the adult sex offender is not incarcerated: (1) The responsible agency shall inform the adult
sex offender of his or her duty to register and, instruct the adult sex offender to read and
sign a form stating that the duty to register has been explained. The adult sex offender shall
sign the form stating that the duty to register has been explained and shall provide the required
registration information. If the adult sex offender refuses to sign the form, the designee
of the responsible agency shall sign the form stating that the requirements have been explained
to the adult sex offender and that the adult sex offender...
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