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45-41-83.01
Section 45-41-83.01 Definitions. As used in this part, the following words shall have the following
meanings: (1) ASSESSMENT. A standardized diagnostic evaluation for placement in a treatment
program. (2) BOARD. The Lee County Alternative Sentencing Board. (3) DRUG. Includes all of
the following: a. A controlled substance, a drug or other substance for which a medical prescription
or other legal authorization is required for purchase, or any isomer, salt, optical isomer,
or analog of a controlled substance. b. An illegal drug, a drug whose manufacture, sale, distribution,
use, or possession is forbidden by law. c. A substance otherwise legal to possess, including,
but not limited to, alcohol, beer, wine, paint, paint thinner, and inhalants or other harmful
substances which are abused. (4) PARTICIPANT. A person who has been approved for participation
in the program. (5) PROGRAM. The Lee County Alternative Sentencing Program. (6) VIOLENT OFFENSE.
An offense or charge as defined in...
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45-49A-63.66
Section 45-49A-63.66 Forfeiture for cause. Notwithstanding anything in the plan to the contrary,
if a member shall at any time be convicted of a Class A felony or of an offense under any
local, state, or federal law that would result in the conviction of a Class A felony in the
State of Alabama, all benefits that would otherwise be payable to him or her under the plan
shall be forfeited. However, he or she shall be treated under the plan as if he or she had
died on the date immediately preceding the conviction for purposes of determining the benefit,
if any, payable to his or her eligible family members under Section 45-49A-63.63 if he or
she is convicted before his or her annuity starting date or to his or her beneficiary under
Section 45-49A-63.81 if he or she is convicted after his or her annuity starting date. For
purposes of this section, a Class A felony shall be a Class A felony as defined by the Title
13A, as in effect on the plan's effective date. (Act 97-689, p. 1379,...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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16-1-23
Section 16-1-23 Hazing prohibited; penalty. (a) Hazing is defined as follows: (1) Any willful
action taken or situation created, whether on or off any school, college, university, or other
educational premises, which recklessly or intentionally endangers the mental or physical health
of any student, or (2) Any willful act on or off any school, college, university, or other
educational premises by any person alone or acting with others in striking, beating, bruising,
or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or
maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student
of any such educational institution or any assault upon any such students made for the purpose
of committing any of the acts, or producing any of the results to such student as defined
in this section. (3) The term hazing as defined in this section does not include customary
athletic events or similar contests or competitions, and is limited...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-1-23.htm - 3K - Match Info - Similar pages
30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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38-7-7
Section 38-7-7 License to operate or conduct child-care facility - Department to establish
minimum standards for licensing; factors to be considered; children in need of special treatment;
department to offer consultation. (a) The department shall prescribe and publish minimum standards
for licensing and for approving all child-care facilities, as defined in this chapter. In
establishing such standards the department shall seek the advice and assistance of persons
representative of the various types of child-care facilities. The standards prescribed and
published under this chapter shall include regulations pertaining to: (1) The operation and
conduct of the child-care facility and the responsibility it assumes for child care; (2) The
character, suitability and qualifications of the applicant and other persons directly responsible
for the care and welfare of children served; (3) The general financial ability and competence
of the applicant to provide necessary care for children and to...
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12-15-314
care to participate in activities that are age or developmentally appropriate for the child
based on a reasonable and prudent parent standard, provided the activities are consistent
with provisions of any existing court order, individualized service plan, or promulgated policy
of the department that provides guidance to caregivers concerning the reasonable and prudent
parent standard. The guidance shall include factors for the caregiver to consider prior to
allowing a child to participate in age or developmentally appropriate normal childhood activities.
(2) A caregiver shall be immune from liability in a civil action to recover damages for injury,
death, or loss to person or property that results from a caregiver's decisions using a reasonable
and prudent parent standard. This subsection shall not be construed to remove or limit any
existing liability protection provided by law. (Act 2008-277, p. 441, §18; Act 2010-712,
p. 1744, §13; Act 2016-129, p. 290, §1; Act 2018-273, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-314.htm - 17K - Match Info - Similar pages
12-17-226
PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice
of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition
by the district attorney of certain conditions of behavior and conduct for a specified period
of time upon the offender which would allow the offender to have his or her charges reduced,
dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during
the time frame set by the district attorney as provided in the agreement. (8) RESTITUTION.
As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary
cost incurred during the investigation or prosecution by a law enforcement agency or the district
attorney. (9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2. (10) SUPERVISION
FEE. Any fee other than the administration fee imposed by any agency providing supervision
or treatment of an offender. (Act 2013-361, p. 1290, §1.)...
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