45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving serious physical injury to a person. (3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or an individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney to be a threat to the safety or well-being of the community. (6) Bribery of a government or public official. (7) Any offense wherein the offender is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.22.htm - 2K - Match Info - Similar pages
45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving serious physical injury to a person. (3) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States military, or an individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney to be a threat to the safety or well-being of the community. (6) Bribery of a government or public official. (7) Any offense wherein the offender is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.02.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-134.htm - 4K - Match Info - Similar pages
13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable in this article unless the context requires otherwise. (b) The following definitions are also applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant to a lawful arrest, conviction or order of court, but does not include mere supervision of probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY. Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement of persons arrested for, charged with or convicted of a criminal offense, including but not limited to the following security facilities: the state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-30.htm - 1K - Match Info - Similar pages
12-17-226.2
A person charged with any of the following offenses may apply for the pretrial diversion program: (1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the district attorney may determine that a person charged with a misdemeanor offense or violation is ineligible to apply for the program if it is in the best interest of the victim, the offender, the community, or justice. (5) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining to such a person shall not be open for public inspection. Information in a record shall not be disclosed publicly in such a manner as to identify individuals, but may be made available on application for cause to persons approved by the commissioner of the department or by the court. (f) Placement may be made in an appropriate alternative living arrangement such as a licensed nursing home, licensed personal care facility, or approved foster care home. No person shall be committed to a mental health facility under this chapter. A court may enter orders granting the department additional time to locate an appropriate licensed facility in which to place a person living in an unlicensed facility. (g) If the person is eligible for the adult services program of the department, usual department policies shall be followed in regard to fees or payments, or both. If the person's income or resources, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9-6.htm - 7K - Match Info - Similar pages
12-17-226.17
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 program, a brief description of the reasons for the termination shall be submitted for inclusion into the database. (b) Information in the database...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
12-26-7
Section 12-26-7 Petition requirements; service; postsentence report; effect of filing. (a) A petition to obtain an order of limited relief shall include a sworn statement made under penalty of perjury by the petitioner stating all of the following: (1) That the petitioner is not subject to the limitations in Section 12-26-6 and is eligible to seek an order of limited relief. (2) Whether the petitioner has previously applied for an order of limited relief in any jurisdiction and whether an order has been granted previously. (3) A list specifying the convictions and collateral consequences to which the order should apply. (b) Once a petition has been filed, the circuit clerk shall serve the petition on the occupational licensing board, as defined in Section 41-9A-1, or other entity responsible for the collateral consequence that the petitioner is seeking relief from. Once service is made, the court shall review available presentence and other reports on the defendant and may order a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-7.htm - 3K - Match Info - Similar pages
12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For the purposes of this section, sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following: (1) A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b) A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there is a presumption that the child satisfies the definition of a sexually...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-701.htm - 4K - Match Info - Similar pages
2-21-31
Section 2-21-31 Penalties for violations of chapter or rules and regulations; injunctive relief; warning notices. (a) Penalties. Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter or who shall sell or offer for sale or distribute for sale any commercial feed in violation of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such an offense. Fines paid for such violations shall be deposited in the State Treasury to the credit of the Agricultural Fund. (b) Injunctive relief. In addition to the penalty provided hereunder, the commissioner may apply by petition or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction and for cause shown to grant a temporary or permanent injunction, or both,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-21-31.htm - 2K - Match Info - Similar pages
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