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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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15-23-69
Section 15-23-69 Testimony concerning information about victim; information about victim
in court file. (a) Based upon the reasonable apprehension of the victim of acts or threats
of physical violence or intimidation by the defendant, the family of the defendant, or by
anyone at the direction of the defendant, against the victim or the immediate family of the
victim, the prosecutor may petition the court to direct that the victim or any other witness
not be compelled to testify during pre-trial proceedings or to any trial, facts that could
divulge the identity, residence, or place of employment of the victim, or other related information
without consent of the victim unless necessary to the prosecution of the criminal proceeding.
If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the
victim contained in the court file shall not be public record. (Acts 1995,...
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15-25-32
Section 15-25-32 Out-of-court statement - Requirements for admissibility. An out-of-court
statement may be admitted as provided in Section 15-25-31, if: (1) The child testifies
at the proceeding, or testifies by means of video tape deposition as provided by Section
15-25-2, or testifies by means of closed circuit television as is provided in Section
15-25-3, and at the time of such testimony is subject to cross-examination about the out-of-court
statements; or (2)a. The child is found by the court to be unavailable to testify on any of
these grounds: 1. The child's death; 2. The court finds that there are reasonable grounds
to believe that the defendant or someone acting on behalf of the defendant has intentionally
removed the child from the jurisdiction of the court; 3. The child's total failure of memory;
4. The child's physical or mental disability; 5. The child's incompetency, including the child's
inability to communicate about the offense because of fear or a similar reason; or...
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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...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education
and support; cost, fees, and expenses. (a) The court shall issue an order adjudicating whether
a man alleged or claiming to be the father is the parent of the child. (b) An order adjudicating
parentage must identify the child by name and date of birth, if known. (c) Except as otherwise
provided in subsection (d), the court may assess filing fees, reasonable attorney's fees,
fees for genetic testing, other costs, and necessary travel and other reasonable expenses
incurred in a proceeding under this article, subject to the following rules: (1) Parties to
proceedings under this chapter should pay the fees and expenses of retained counsel, expert
witnesses, guardians ad litem, the costs of appropriate tests and other costs of the trial
as they may, themselves, incur. The court may order reasonable fees for attorneys, expert
witnesses, guardian ad litem fees, costs of appropriate tests and other costs of...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending
case, or the attorney of a party, the clerk of the court must issue subpoenas for witnesses,
whose addresses shall be given by the person requesting the subpoena, specifying therein the
time and place for their appearance, the title of the case and the party at whose instance
they are summoned and commanding them to appear in conformity therewith and give testimony.
(b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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15-18-69
Section 15-18-69 Objections to order; statement of findings. At such restitution hearings,
the defendant, the victim, the district attorney, or other interested party may object to
the imposition, amount or distribution of restitution or the manner or method thereof and
the court shall allow all such objections to be heard and preserved as a matter of record.
The court shall thereafter enter its order upon the record stating its findings and the underlying
facts and circumstances thereof. (Acts 1980, No. 80-588, p. 928, ยง5.)...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision
of Section 8-5-21, or any other law of this state to the contrary, notwithstanding,
and in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any original decree, judgment or order issued by any
court for the payment of restitution may, on motion of the victim, district attorney, probation
or parole officer, or the court, include an order directing any employer of the defendant
to withhold and pay over to the clerk of the court, out of the employment income due or to
become due the defendant at each pay period, an amount ordered to be paid as restitution.
(2) Such order shall recite the amount of the restitution obligation and shall require the
employer to withhold a definite amount from such income due or becoming due at each pay period
and pay such amount to the clerk of the court. Provided, if the restitution is...
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15-18-72
Section 15-18-72 Effect of default by defendant with suspended sentence, on probation
or on parole. (a) When a defendant whose sentence has been suspended and placed on probation
by the court, and ordered to make restitution, defaults in the payment thereof or of any installment,
the court on motion of the victim or the district attorney or upon its own motion shall require
the defendant to show cause why his default should not be treated as violation of a condition
of his probation. (b) When the defendant is sentenced to the penitentiary by the court, and
the court orders restitution, it shall be made a condition of his parole that restitution
be made. When the parolee defaults in the payment thereof or any installment, the parole board
on motion of the victim or the district attorney or the supervising parole officer, may require
the defendant to show cause why his default should not be treated as a violation of a condition
of parole, and the board may declare the parolee delinquent...
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