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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the
following criminal offenses in a circuit court or district court may apply to the district
attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing
of controlled substances in the first degree as provided in Section 13A-12-218. (2)
A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that
a holder of a commercial driver's license, an operator of a commercial 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...
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15-20A-5
Section 15-20A-5 Sex offenses. For the purposes of this chapter, a sex offense includes
any of the following offenses: (1) Rape in the first degree, as provided by Section
13A-6-61. (2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile
sex offender adjudicated delinquent of a violation of rape in the second degree is presumed
to be exempt from this chapter after the juvenile has been counseled on the dangers of the
conduct for which he or she was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject to this chapter. (3) Sodomy
in the first degree, as provided by Section 13A-6-63. (4) Sodomy in the second degree,
as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of
a violation of sodomy in the second degree is presumed to be exempt from this chapter after
the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated
delinquent unless...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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15-25-5
Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or
deposition of victim or witness under age 10. In any criminal proceeding and juvenile cases
wherein the defendant is alleged to have had unlawful sexual contact or penetration with or
on a child, the court shall permit the use of anatomically correct dolls or mannequins to
assist an alleged victim or witness who is under the age of 10 in testifying on direct and
cross-examination at trial, or in a videotaped deposition as provided in this article. (Acts
1985, No. 85-743, p. 1143, §5.)...
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15-25-31
Section 15-25-31 Out-of-court statement - When admissible. An out-of-court statement
made by a child under 12 years of age at the time the statement is made concerning an act
that is a material element of any crime involving child physical offense, sexual offense,
and exploitation, as defined in Section 15-25-39, which statement is not otherwise
admissible in evidence, is admissible in evidence in criminal proceedings, if the requirements
of Section 15-25-32 are met. (Acts 1989, No. 89-876, p. 1754, §2; Acts 1994, No. 94-704,
p. 1359, §1; Act 2016-354, §2.)...
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15-25-6
Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations
in ruling on motion for delay or continuance. In all criminal cases and juvenile proceedings
involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness
to the offense is under the age of 16 years, the court and the district attorney shall take
appropriate action to ensure a speedy trial in order to minimize the length of time the child
must endure the stress of involvement in the proceedings. In ruling on any motion or other
request for a delay or continuance of proceedings, the court shall consider and give weight
to any adverse impact the delay or continuance may have on the well-being of a child victim
or witness. (Acts 1985, No. 85-743, p. 1143, §6.)...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a
hearing on a delinquency petition on its merits and after notifying, verbally or in writing,
the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer
a child for criminal prosecution to the circuit or district court, if the child was 14 or
more years of age at the time of the conduct charged and is alleged to have committed an act
which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining
whether it is in the best interests of the child or the public to grant the motion. Only if
there are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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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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