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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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16-39-8
Section 16-39-8 Classification of child; placement; record of case history. No child shall
be given special services under the terms of this chapter as an exceptional child until he
is properly classified as an exceptional child; provided, that the child's parent or guardian
shall be informed of the reasons for such classification. A copy of the report certifying
to the child's type of exceptionality shall be kept on file in the office of the principal
of the school in which the child is enrolled and at such other places as may be prescribed
by regulations of the State Board of Education. In providing for the instruction of exceptional
children, the school boards shall utilize regular school facilities and adapt them to the
needs of exceptional children, except as otherwise provided herein. No exceptional child shall
be segregated and taught apart from other nonexceptional children until a careful study of
the child's case has been made and evidence obtained which indicates that such...
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12-15-108
Section 12-15-108 Liability of counties for expenses of maintenance and care of children under
the jurisdiction of the juvenile court pursuant to this chapter; reimbursement. Except as
otherwise provided in this chapter, all expenses necessary or appropriate to the carrying
out of the purposes and intent of this chapter and all expenses of maintenance and care of
children under the jurisdiction of the juvenile court pursuant to this chapter that may be
incurred by order of the juvenile court in carrying out the provisions and intent of this
chapter (except costs paid by parents, legal guardians, legal custodians, or trustees and
court costs as provided by law) shall be valid charges and preferred claims against the county
. These claims shall be paid by the county treasurer when itemized and sworn to by the creditor
or other persons knowing the facts in the case and when approved by the juvenile court. Notwithstanding
the foregoing, a municipality shall reimburse the county the actual...
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13A-9-76
Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.;
civil penalties. (a) In addition to any other remedy under this article, the Attorney General
of the State of Alabama, the district attorneys of the respective counties of the State of
Alabama, or an affected charitable organization may bring an action against a charitable organization,
professional fund raiser, professional solicitor, or commercial co-venturer, and any other
persons acting for or on their behalf to enjoin the charitable organization and other persons
from continuing the solicitation or collection of funds or property or engaging therein or
doing any acts in furtherance thereof; and to cancel any registration statement previously
filed with the Attorney General whenever the Attorney General or a district attorney shall
have reason to believe that the charitable organization is acting in the following manner:
(1) Operating in violation of the provisions of this article. (2)...
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15-16-61
Section 15-16-61 Definitions. The following definitions shall apply to this article: (1) COURT.
The court which committed the defendant pursuant to Section 15-16-43. (2) DEFENDANT. A defendant
in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason
of mental disease or defect, and has been committed to the custody of the Alabama State Department
of Mental Health and Mental Retardation or another facility as provided by Section 15-16-43.
(3) DEPARTMENT. The State Department of Mental Health and Mental Retardation. (4) DISTRICT
ATTORNEY. The district attorney for the judicial circuit of the court which committed the
defendant pursuant to Section 15-16-43. (5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY.
Any mental health facility providing mental health services pursuant to Sections 22-51-1 through
22-51-14. (Acts 1988, No. 88-581, p. 906, ยง2.)...
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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)...
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30-3C-7
Section 30-3C-7 Factors to determine risk of abduction. (a) In determining whether there is
a credible risk of abduction of a child, the court shall consider any evidence that the petitioner
or respondent: (1) has previously abducted or attempted to abduct a child; (2) has threatened
to abduct a child; (3) has recently engaged in activities that may indicate a planned abduction,
including: (A) abandoning employment; (B) preparing to move from, abandoning, or selling a
primary residence; (C) terminating a lease; (D) closing bank or other financial management
accounts, liquidating assets, hiding or destroying financial documents, or conducting any
unusual financial activities; (E) applying for a passport or visa or obtaining travel documents
for the respondent, a family member, or the child; or (F) seeking to obtain the child's birth
certificate or school or medical records; (4) has engaged in domestic violence, stalking,
or child abuse or neglect; (5) has refused to follow a...
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45-14-233
Section 45-14-233 Law enforcement authority of community corrections director and employees.
(a) The Director of the Clay County Community Corrections Program and employees of the program
shall constitute law enforcement officers of the State of Alabama with authority to make arrests
and serve arrest and search warrants in the performance of their official duties to the same
extent as deputy sheriffs are authorized and empowered in the counties, so long as he or she
holds a current certification from the Alabama Peace Officers' Standards and Training Commission.
The powers of arrest under this section shall be limited to investigations and arrests involving
criminal acts committed at facilities of the program and acts committed by persons under their
supervision which constitute a violation of supervision or the commission of a criminal offense.
The program director or any community corrections employee with law enforcement authority
may arrest any person under his or her supervision...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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31-2A-5
Section 31-2A-5 (Article 5.) Territorial applicability of the code. (a) This code has applicability
at all times and in all places, provided that either the person subject to the code is in
a duty status or, if not in a duty status, that there is a nexus between the act or omission
constituting the offense and the efficient functioning of the state military forces; however,
this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction
over an offense, which is limited only by the prohibition of double jeopardy. (b) Courts-martial
and courts of inquiry may be convened and held in units of the state military forces while
those units are serving outside the state with the same jurisdiction and powers as to persons
subject to this code as if the proceedings were held inside the state, and offenses committed
outside the state may be tried and punished either inside or outside the state. (c) A trial
of any offense subject to prosecution under this section may be...
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