45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit for admittance to the program. (b) A person charged with any of the following offenses may apply for the pretrial diversion program: (1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-204.htm - 3K - Match Info - Similar pages
15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged with a felony offense, except a violent offense as defined in Section 12-25-32, may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances: (1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program after one year from successful completion of the program. b. Expungement may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed without prejudice more than five years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-2.htm - 3K - Match Info - Similar pages
17-3-30.1
Section 17-3-30.1 Disqualification of electors for felonies involving moral turpitude. (a) This section shall be known and may be cited as the Felony Voter Disqualification Act. (b)(1) The Legislature finds and declares that: a. Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended, provides that Alabama citizens shall lose the right to vote when convicted of a crime only if the conviction was for a felony involving moral turpitude. b. Under general law, there is no comprehensive list of felonies that involve moral turpitude which disqualify a person from exercising his or her right to vote. Neither individuals with felony convictions nor election officials have a comprehensive, authoritative source for determining if a felony conviction involves moral turpitude and is therefore a disqualifying felony. (2) The purposes of this section are: a. To give full effect...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-3-30.1.htm - 9K - Match Info - Similar pages
20-2-190.2
Section 20-2-190.2 Electronic drug offender tracking system. (a) For the purposes of this section, the following words shall have the following meanings: (1) DRUG RELATED CONVICTION. Any conviction or plea of nolo contendere for the offense of possession, distribution, trafficking, or any degree of manufacture of controlled substances, or drug paraphernalia. A drug related conviction shall also include the inchoate crimes of attempt, solicitation, or conspiracy of any of the drug related crimes. (2) DRUG OFFENDER. Any person who has any conviction listed in subdivision (1). (b) Effective January 1, 2013, the State Bureau of Investigations shall implement a real-time electronic drug offender tracking system to catalogue all criminal convictions in this state of persons convicted of felonies or misdemeanors involving the possession, distribution, manufacture, or trafficking of controlled substances. This catalogue shall include, but not be limited to, paraphernalia convictions,...
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32-6-49.11
Section 32-6-49.11 Disqualification from driving commercial motor vehicle. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of one of the following: (1) Driving a motor vehicle under the influence of alcohol, or a controlled substance or any other drug which renders a person incapable of safely driving. (2) Driving a commercial motor vehicle while the alcohol concentration of the person's blood, urine, or breath is 0.04 or more. (3) Knowingly and willfully leaving the scene of an accident involving a motor vehicle driven by the person. (4) Using a motor vehicle in the commission of any felony. (5) Refusal to submit to a test to determine the driver's use of a controlled substance or alcohol concentration while driving a motor vehicle. If any of the violations in subdivisions (1) to (5), inclusive, occurred while transporting a hazardous material required to be placarded, the person is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-49.11.htm - 6K - Match Info - Similar pages
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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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex offender may petition at sentencing, or if after sentencing, a sex offender may file a petition in the civil division of the circuit court in the county where the sex offender seeks to accept or maintain employment for relief from the employment restrictions pursuant to subsection (b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following sex offenses shall not be entitled to relief under this section: (1) Rape in the first degree, as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided by Section 13A-6-63. (3) Sexual abuse in the first degree, as provided by Section 13A-6-66. (4) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1. (5) Sexual torture, as provided by Section 13A-6-65.1. (6) Any sex offense involving a child. (7) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-25.htm - 6K - Match Info - Similar pages
15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less in any court having jurisdiction to try offenses against the State of Alabama and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order: (1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such period and upon such terms as the court...
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