Code of Alabama

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15-13-149
Section 15-13-149 Order of release. A judicial officer authorizing the release of a person
shall issue an appropriate order containing a statement of the conditions imposed, and shall
advise the person that a warrant of arrest or other court order shall be issued against the
person terminating the release and committing the person to jail upon any violation of the
conditions of the release. The court shall provide a copy of the order to the defendant and
shall serve a copy on the district attorney, or prosecuting officer of the court and the person's
counsel of record, if any. (Acts 1993, No. 93-677, p. 1259, ยง50.)...
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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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30-4-65
Section 30-4-65 Probation officers - Additional duties; violations of terms of probation, bond,
etc., to be reported to judge. Said probation officers shall ascertain the name and address
and such facts in relation to the antecedent history and environment of the person or persons
committed to his charge as may enable him to determine what corrective measures will be proper
in the case, and shall exercise constant supervision over the conduct of such person or persons,
and make reports to the judge whenever he shall deem it necessary or be required so to do,
and he shall use every effort to encourage and stimulate such person to a reformation in respect
to his said offense. Whenever said probation officer shall become satisfied that such person
is violating the terms of probation, the conditions of his bond, or regulations given or prescribed
by the judge for his conduct, the probation officer shall report such violations to the judge
of said court with his recommendations, and such...
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12-5A-7
Section 12-5A-7 Juvenile probation officers - Allocation by population. On or after October
1, 1999, the allocation of positions or salary subsidies in juvenile probation services shall
be as follows: (1) In counties having a population of more than 99,000 according to the 1990
federal decennial census, the Administrative Office of Courts shall provide salary subsidies
for juvenile probation officers on the basis of one salary subsidy per 15,000 population or
fraction thereof. Provided, however, if legislation is enacted to provide additional salary
subsidies for additional juvenile probation officers, the salary subsidy ratio as provided
herein shall be adjusted accordingly. The Administrative Office of Courts shall expend funds
to provide a salary subsidy in accordance with subsection (b) of Section 12-5A-5. This subsidy
shall be paid to the counties only for juvenile probation officers authorized and employed.
Employment for purposes of this subsection includes temporary vacancies...
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22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to take into
custody alleged mentally ill persons; detention; admission; hearing. (a) When a law enforcement
officer is confronted by circumstances and has reasonable cause for believing that a person
within the county is mentally ill and also believes that the person is likely to be of immediate
danger to self or others, the law enforcement officer shall contact a community mental health
officer. The community mental health officer shall join the law enforcement officer at the
scene and location of the person to assess conditions and determine if the person needs the
attention, specialized care, and services of a designated mental health facility. If the community
mental health officer determines from the conditions, symptoms, and behavior that the person
appears to be mentally ill and poses an immediate danger to self or others, the law enforcement
officer shall take the person into custody and,...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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45-41-83.10
Section 45-41-83.10 Authority of board. The board shall be vested with all authority necessary
to implement the purposes of this part, including, but not limited to, the authority necessary
to do all of the following: (1) Create or remove employment positions, set or alter pay scales,
employ, direct, regulate, supervise, and dismiss personnel, and obtain fidelity bonds for
the faithful performance of the duties of personnel. Any employment practices shall be in
accordance with applicable state and federal law. (2) Provide support and administrative services
for Lee County court referral officer programs, drug courts, district court probation, and
other alternative sentencing programs. The services may include, but not be limited to, providing
drug and alcohol evaluation, assessments, treatment, case management, personnel, drug and
alcohol testing, drug and alcohol testing equipment, electronic monitoring, alcohol monitoring,
and supervision of those participating in the program. (3)...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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15-23-82
Section 15-23-82 Clerk of court to accept and disburse restitution. The clerk of the court
is authorized and shall accept partial payments from defendants when directed to do so by
the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse
restitution to victims or the authorized recipient, including partial periodic payments as
ordered under any judgment, decree, or order of the circuit or district court, pursuant to
Section 15-18-65 et seq. The disbursements shall be made to the victims or the authorized
recipient no later than the time provided in Rule 4, Alabama Rules of Judicial Administration.
The clerk of the court shall, at the end of each month, provide to the district attorney and
probation office a list of the names of defendants who are delinquent in their restitution
payments under a court-approved installment plan or any other deferred-payment time period
specified by the court in its sentencing order. (Acts 1995, No. 95-583, p. 1234,...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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