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15-22-54.1
Section 15-22-54.1 Resentencing. (a) Any person now serving a prison sentence based on revocation
of probation who would have been an eligible offender as defined in Section 15-22-54 at the
time of revocation shall be entitled to be resentenced upon petition to the sentencing court.
Such petition shall be on a form and filed in the manner prescribed by the Administrative
Office of Courts. Petitions shall be considered authorized motions for modification of sentence,
assigned a unique identifier by the Administrative Office of Courts, and shall not require
payment of a filing fee. (b) The court shall have jurisdiction to resentence the offender
in accordance with the terms of this section, upon a showing of the following: (1) The petitioner
met all requirements of an eligible offender as defined in Section 15-22-54 at the time of
revocation. (2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary
only as a result of administrative violations of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-54.1.htm - 1K - Match Info - Similar pages
22-52-10.10
Section 22-52-10.10 Renewal of outpatient commitment order. (a) A petition for renewal of an
outpatient commitment order may be filed by the director of a designated mental health facility
or his or her designee at least 30 days prior to the expiration of the current commitment
order. The petition, together with a copy of the original commitment order and copies of any
subsequent renewal commitment orders, shall be filed with the probate court of the county
where the commitment was originally ordered. The petition shall explain in detail why renewal
of the order is being requested and shall include testimony affirming the facility's belief
that the respondent meets the requirements for renewal pursuant to Section 22-52-10.2. (b)
The judge of probate shall conduct a hearing, within 30 days after the date of petition, to
consider the petition for renewal of the commitment order. (c) Adequate written notice shall
be provided to the respondent prior to the hearing. (d) The hearing shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.10.htm - 1K - Match Info - Similar pages
22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-15.htm - 1K - Match Info - Similar pages
26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-11-3.htm - 2K - Match Info - Similar pages
26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2B-302.htm - 3K - Match Info - Similar pages
26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-9-14.htm - 2K - Match Info - Similar pages
28-4-324
Section 28-4-324 Issuance of injunctions to prevent violations of chapter, etc. When any violation
of any provision of this chapter is threatened or shall have occurred, the doing of, or continuation
or repetition of the unlawful act or any of like kind by the offending party may be prevented
by injunction issued by a circuit court upon a petition filed in all respects as in cases
of liquor nuisances. In like manner the injunction may be employed to compel obedience to
any rule or regulation prescribed by this chapter. (Acts 1915, No. 491, p. 553; Code 1923,
§4653; Code 1940, T. 29, §128.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-324.htm - 919 bytes - Match Info - Similar pages
9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-9-11.htm - 4K - Match Info - Similar pages
12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of summonses.
(a) After a petition alleging delinquency, in need of supervision, or dependency has been
filed, the juvenile court shall direct the issuance of summonses to be directed to the child
if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian,
and to other persons who appear to the juvenile court to be proper or necessary parties to
the proceedings, requiring them to appear personally before the juvenile court at the time
fixed to answer or testify as to the allegations of the petition. Where the legal custodian
is summoned, the parent or legal guardian, or both, shall also be served with a summons. (b)
A copy of the petition shall be attached to each summons. (c) The summons shall direct the
parents, legal guardian, or other legal custodian having the custody or control of the child
to bring him or her to the hearing. (d) An adult who is a party may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-122.htm - 1K - Match Info - Similar pages
26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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