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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.;
notice of board action. (a) In all cases, except treason and impeachment and cases in which
sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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15-8-50
Section 15-8-50 Allegation of different means or intents. When an offense may be committed
by different means or with different intents, such means or intents may be alleged in an indictment
in the same count in the alternative. (Code 1852, §573; Code 1867, §4123; Code 1876, §4796;
Code 1886, §4383; Code 1896, §4911; Code 1907, §7149; Code 1923, §4544; Code 1940, T.
15, §247.)...
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15-15-21
Section 15-15-21 Information preferred and filed against defendant. When the desire of a defendant
to plead guilty is made known to the court, it shall direct the district attorney of such
court to prefer and file an information against such defendant, under the oath of such district
attorney or some witness, which information shall accuse the defendant, with the same certainty
as an indictment, of the criminal offense for which he is being held. (Acts 1939, No. 227,
p. 367; Code 1940, T. 15, §261.)...
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15-19-1
as a youthful offender, and no further action shall be taken on the indictment or information;
or the court may decide that the defendant shall not be arraigned as a youthful offender,
whereupon the indictment or information shall be deemed filed. (c) In addition to the provisions
of subsections (a) and (b), when the defendant is charged with a crime that contains as an
element of the crime or an allegation related to the charge that the defendant intentionally
inflicted serious physical injury or intentionally killed the victim in the commission
of the crime, prior to conducting a hearing or examination on whether the defendant will be
arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing
pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall
conduct an evidentiary hearing on the allegations of the crime and the extent of injuries
of the victim and shall consider the evidence prior to determining youthful...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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13A-5-41
Section 13A-5-41 Lesser included offenses. Subject to the provisions of Section 13A-1-9(b),
the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty
of the capital offense but guilty of a lesser included offense or offenses. Lesser included
offenses shall be defined as provided in Section 13A-1-9(a), and when there is a rational
basis for such a verdict, include but are not limited to, murder as defined in Section 13A-6-2(a),
and the accompanying other felony, if any, in the provision of Section 13A-5-40(a) upon which
the indictment is based. (Acts 1981, No. 81-178, p. 203, §3; Acts 1982, No. 82-567, p. 945,
§1.)...
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15-20A-19
violent offender. (2) The person commits a sexually violent offense and is likely to engage
in one or more sexually violent offenses in the future. (c) A person is a repeat sexually
violent offender for the purposes of this section if the person is convicted of more than
one sexually violent offense. (d) For the purposes of this section, a sexually violent offense
is any of the following: (1) A sex offense committed by forcible compulsion, violence, duress,
menace, fear of immediate bodily injury to the victim or another person, or threatening
to retaliate in the future against the victim or any other person. (2) A sex offense involving
a child. (3) Any sex offense involving the enticement or solicitation of a minor for sexual
purposes. (4) Any sex offense that is predatory in nature. (5) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1) to (4), inclusive.
(6) Any other offense for which the court makes a specific finding on the record...
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15-23-60
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 counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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