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15-9-85
Section 15-9-85 Escape by prisoner after request filed. Escape from custody by any prisoner
subsequent to his execution of a request for final disposition of an untried indictment, information
or complaint voids the request. (Acts 1978, No. 590, p. 693, §6.)...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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15-9-82
Section 15-9-82 Right of prisoner to final disposition of untried indictments, etc., pending
against him; duty of official having custody of prisoners to inform prisoners of untried indictments,
etc.; failure to notify prisoners of filing of detainers. (a) Any person who is imprisoned
in a penal or correctional institution of this state may request final disposition of any
untried indictment, information or complaint pending against him in this state. The request
shall be in writing addressed to the court in which the indictment, information or complaint
is pending and to the district attorney charged with the duty of prosecuting it, and shall
set forth the place of imprisonment. (b) The warden or other like official having custody
of prisoners shall promptly inform each prisoner in writing of the source and nature of any
untried indictment, information or complaint against him of which the warden or other like
official had knowledge or notice, and of his right to make a request for...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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15-9-84
Section 15-9-84 Time within which indictment, etc., to be brought to trial; continuances; failure
to bring indictment, etc., to trial within specified time. Within 90 days after the receipt
of the request and certificate by the court and district attorney or within such additional
time as the court for good cause shown in open court may grant, the prisoner or his counsel
being present, the indictment, information or complaint shall be brought to trial; but the
parties may stipulate for a continuance or a continuance may be granted on notice to the attorney
of record and opportunity for him to be heard. If, after such a request, the indictment, information
or complaint is not brought to trial within that period, no court of this state shall any
longer have jurisdiction thereof, nor shall the untried indictment, information or complaint
be of any further force or effect, and the court shall dismiss it with prejudice. (Acts 1978,
No. 590, p. 693, §5.)...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
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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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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
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15-23-75
Section 15-23-75 Right to information concerning defendant's sentence, request for notice,
post-conviction review, etc. The victim has the right to the following information: (1) As
soon as practicable, after the date of sentencing, the office of the prosecuting attorney
shall notify the victim of the sentence imposed on the defendant. (2) The names, addresses,
and telephone numbers of the appropriate agencies and departments to whom request for notice
should be provided. (3) The status of any post-conviction court review or appellate proceeding
or any decisions arising from those proceedings shall be furnished to the victim by the Office
of the Attorney General or the office of the district attorney, whichever is appropriate,
immediately after the status is known. (4) If the terms and conditions of a post-arrest release
include a requirement that the accused post a bond, the sheriff or municipal jailer shall,
upon request, notify the victim of the release on bond of the defendant. (5)...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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