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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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36-18-24
Section 36-18-24 DNA database. (a) The director is hereby authorized and empowered to create
and establish a DNA database for the purposes of: (1) Assisting federal, state, county, municipal,
or local criminal justice and law enforcement officers or agencies in the putative identification,
detection, or exclusion of persons who are the subjects of investigations or prosecutions
of sex related crimes, other violent crimes, or other crimes in which biological evidence
is received or recovered. (2) Supporting identification research and protocol development
of DNA forensic methods. (3) Creating and maintaining DNA quality control standards. (4) Assisting
in the recovery or identification of human remains from natural or mass disasters. (5) Assisting
in other humanitarian purposes including the identification of missing, deceased, or unidentified
persons. (b) The DNA database shall contain DNA records which the director shall deem necessary
for the implementation of this article, and also...
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15-22-32
Section 15-22-32 Parole court; hearing officers; sanctions; delegation of authority. (a) Whenever
there is reasonable cause to believe that a prisoner who has been paroled has violated his
or her parole, the Board of Pardons and Paroles, at its next meeting, may declare the prisoner
to be delinquent, and time owed shall date from the delinquency. The Department of Corrections,
after receiving notice from the sheriff of the county jail where the state prisoner is being
held, shall promptly notify the board of the return of a paroled prisoner charged with violation
of his or her parole. Thereupon, the board, a single member of the board, a parole revocation
hearing officer, or a designated parole officer shall hold a parole court at the prison or
at another place as it may determine within 20 business days and consider the case of the
parole violator, who shall be given an opportunity to appear personally or by counsel before
the board or the parole court and produce witnesses and...
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13A-3-27
Section 13A-3-27 Use of force in making an arrest or preventing an escape. (a) A peace officer
is justified in using that degree of physical force which he reasonably believes to be necessary,
upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of
a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor,
violation or violation of a criminal ordinance, unless the peace officer knows that the arrest
is unauthorized; or (2) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while making or attempting to make an arrest
for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or
attempting to prevent an escape from custody of a person who has been legally arrested for
a misdemeanor, violation or violation of a criminal ordinance. (b) A peace officer is justified
in using deadly physical force upon another person when...
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44-1-2
Section 44-1-2 Definitions. The following terms, wherever used in this chapter, shall have
the following meanings: (1) AFTERCARE. A youth is released by the department from a state
training school operated by the department, wherein the department releases legal custody,
supervision, and the right to return until further order of the juvenile court. The term means
a legal status created by order of the committing court at the time of release from a state
training school whereby a youth is permitted to return to the community subject to supervision
by the court or any agency designated by the court and subject to return to the court at any
time during the aftercare period. (2) BOARD. The Alabama Youth Services Board. (3) BOARD MEMBER.
Any member of the Alabama Youth Services Board. (4) COMMITTED YOUTH. Any youth committed to
the legal custody of the department upon a finding of delinquency and a finding by a juvenile
judge that the youth is in need of care or treatment, or both, in a...
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15-18-171
Section 15-18-171 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS
AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for
the establishment of community punishment and corrections programs, the granting of funds
for programs authorized herein, and the monitoring, evaluation, and review of programs funded
herein. (2) BOARD. The board of directors of the authority or the board of directors of a
nonprofit entity. (3) COMMISSIONER. The Commissioner of the Department of Corrections. (4)
COMMUNITY. The county or counties comprising one or more judicial circuits. (5) COMMUNITY
PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions
of this article. (6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as
an alternative to incarceration and maintained by a county commission or an...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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