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12-23-12
Section 12-23-12 Court referral officer assessment fee. In addition to the imposition of any
other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult
or adjudicated a youthful offender or juvenile delinquent based on the offense of driving
under the influence or other alcohol or drug related offenses as defined in this chapter shall
be ordered by the court to pay an alcohol and drug abuse court referral officer assessment
fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme
Court. Such additional assessment fee shall be collected by the court referral officer by
the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and
Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, §12.)...
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15-20A-16
Section 15-20A-16 Adult sex offender - Contact with former victims. (a) No adult sex offender
shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic
means, any former victim. (b) No adult sex offender shall knowingly come within 100 feet of
a former victim. (c) No sex offender shall make any harassing communication, directly or indirectly,
in person or through others, by phone, mail, or electronic means to the victim or any immediate
family member of the victim. (d) A petition to exclude an adult sex offender from the requirements
of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance
with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall
exclude an adult sex offender from the provisions of this section provided that: (1) The victim
appears in court at the time of the hearing and requests the exemption in writing in open
court. (2) The court finds by clear and...
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15-20A-40
Section 15-20A-40 Public records - Certified copies of adjudication or conviction. (a) It is
the intent of the Legislature that a duplicate of a certified copy of a public record be admissible
and is not dependent on the original custodian of record to gain admissibility. Further, the
Legislature finds that the certification by the clerk of the court and the certification by
the Alabama State Law Enforcement Agency assures reliability and trustworthiness. (b) The
clerk of the court shall forward a certified copy of a sex offender's adjudication or conviction
to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication
or conviction of any of the offenses listed in Section 15-20A-5. (c) Any state, county, or
municipal law enforcement agency, the Attorney General, or a district attorney may request
a duplicate of the sex offender's adjudication or conviction from the Alabama State Law Enforcement
Agency. (d) Upon the request of any of the agencies...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided
in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former
15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended,
waived, or suspended by any court. Any court order altering, amending, waiving, or suspending
sex offender registration and notification requirements, except as provided in Sections 15-20A-5,
15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall
be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief
from any provisions of this chapter to any sex offender unless all three of the following
conditions are met: (1) At the time of the commission of the sex offense, the sex offender
was less than five years older than the victim. (2) At the time of the commission of the sex
offense, the victim was 13 years of age or older. (3) The sex...
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32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition of
additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the violation
of laws of the state or municipal ordinances which are tried in any court or tribunal in this
state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile
delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture
is a final disposition of the case or wherein any penalty is imposed, there is imposed an
additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten
dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation
of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each
proceeding where the offense constitutes a felony , but there shall be no additional costs
imposed for violations relating to parking of vehicles. The...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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12-26-1
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following
meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically
imposed by operation of state law or rule that limits or prohibits an individual convicted
of a crime from obtaining occupational licensing, certification, or other evidence of qualification
necessary to engage in a particular occupation. The term does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court,
or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification
Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an
individual convicted of a crime serves time in the jurisdictional custody of the state, including,
but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER
OF THE LIMITED RELIEF or ORDER. An order concerning...
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