15-20A-2
Section 15-20A-2 Legislative findings. The Legislature makes all of the following findings: (1) Registration and notification laws are a vital concern as the number of sex offenders continues to rise. The increasing numbers coupled with the danger of recidivism place society at risk. Registration and notification laws strive to reduce these dangers by increasing public safety and mandating the release of certain information to the public. This release of information creates better awareness and informs the public of the presence of sex offenders in the community, thereby enabling the public to take action to protect themselves. Registration and notification laws aid in public awareness and not only protect the community but serve to deter sex offenders from future crimes through frequent in-person registration. Frequent in-person registration maintains constant contact between sex offenders and law enforcement, providing law enforcement with priceless tools to aid them in their...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information; costs and fees. (a) The following persons have standing to file a sworn petition for a protection order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department of Human Resources may petition for relief on behalf of the following: a. A minor child. b. Any person prevented by physical or mental incapacity from seeking a protection order. (b) Standardized petitions for actions pursuant to this chapter shall be made available through the circuit clerks' offices around the state. The circuit clerk shall not provide assistance to persons in completing the forms or in presenting...
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45-23-82.02
Section 45-23-82.02 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 Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged only with any of the following offenses may apply for the program: (1) A traffic offense, other than driving under the influence (DUI). (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. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of a...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation of detention or shelter care of a child; violation of probation and aftercare. (a) When a child is not released from detention or shelter care as provided in Section 12-15-127, a petition shall be filed and a hearing held within 72 hours of placement in detention or shelter care, Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether or not continued detention or shelter care is required. (b) Notice of the detention or shelter care hearing, either verbal or written, stating the date, time, place, and purpose of the hearing and the right to counsel shall be given by a juvenile probation officer to the parent, legal guardian, or legal custodian if they can be found and to the child if the child is over 12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile court shall advise the parent, legal guardian, legal...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over other matters. (1) When there is reason to believe that any person is violating or is about to violate any of the provisions of this division, the Attorney General or district attorney may initiate a civil action in the circuit court in the name of the State of Alabama against such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent with this section; provided, however, that no temporary restraining order shall be issued pursuant to this section. No bond shall be required of the official bringing the action and the official, the political subdivision and the officers, agents, and employees of the political subdivision shall not be liable for costs or damages, other than court costs, by reason of injunctive orders not being granted or where judgment is...
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15-27-4
Section 15-27-4 Administrative filing fee; indigency. (a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of three hundred dollars ($300) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter. The administrative filing fee shall not be waived by the court and shall be distributed as follows: (1) Seventy-five dollars ($75) to the State Judicial Administrative Fund. (2) Twenty-five dollars ($25) to the Alabama Department of Forensic Sciences. (3) Fifty dollars ($50) to the district attorney's office. (4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over the matter, for the use and benefit of the circuit court clerk. (5) Fifty dollars ($50) to the Public Safety Fund. (6) Fifty dollars ($50) to the general fund of the county where the arresting law enforcement agency is located if the arrest was made by the...
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34-24-521
Section 34-24-521 Definitions. In this compact, the following terms have the following meanings: (a) BYLAWS. Those bylaws established by the interstate commission pursuant to Section 34-24-530 for its governance, or for directing and controlling its actions and conduct. (b) COMMISSIONER. The voting representative appointed by each member board pursuant to Section 34-24-530. (c) CONVICTION. A finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilty or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board. (d) EXPEDITED LICENSE. A full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact. (e) INTERSTATE COMMISSION. The interstate commission created pursuant to Section 34-24-530. (f) LICENSE. Authorization by a...
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13A-10-195
Section 13A-10-195 Possession, distribution, etc., of detonator, explosive, poison gas, or hoax device by person under indictment or convicted of felony. (a) It shall be unlawful for a person who is under indictment or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, or distribute a detonator, explosive, poison gas, or hoax device. (b) It shall be unlawful for a person to knowingly distribute a detonator, explosive, poison gas, or hoax device to any of the following: (1) A person who he or she knows or should know has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation. (2) A person who he or she knows or should know has been adjudicated to be mentally incompetent by a court of this state, any other state, or the United...
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14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right to reply; pretrial proceedings; limitations (a) The department and any private company or contractor providing any services within any correctional facility shall adopt administrative remedies for prisoners. The administrative remedies shall be prominently posted and published to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil claim under state law until the prisoner exhausts all administrative remedies available. If a prisoner files a pro se civil action in contravention of this section, the court shall dismiss the action without prejudice. (c) The court shall take judicial notice of administrative remedies adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama. (d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner pro se civil action if the court is satisfied that the action is...
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15-18-5
Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial. (a) Upon conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order that the convicted person be credited with all of his or her actual time spent incarcerated pending trial for the offense. The actual time spent incarcerated pending trial shall be certified by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections. (b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth Services in a juvenile court for a felony or a misdemeanor for a set period of time or as a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile court shall order that the delinquent child be credited with all of his or her actual time spent detained prior to or subsequent to adjudication for the offense. The actual time spent detained shall be certified by a juvenile probation officer...
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