|
22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental Health
is given hereby the following additional and cumulative powers through its commissioner: (1)
It is authorized and directed to set up state plans for the purpose of controlling and treating
any and all forms of mental and emotional illness and any and all forms of mental retardation
and shall divide the state into regions, districts, areas or zones, which need not be geographic
areas, but shall be areas for the purpose of establishing priorities and programs and for
organizational and administrative purposes in accordance with these state plans. (2) It is
designated and authorized to supervise, coordinate, and establish standards for all operations
and activities of the state related to mental health and the providing of mental health services;
and it is authorized to receive and administer any funds available from any source for the
purpose of acquiring building sites for, constructing,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-50-11.htm - 10K - Match Info - Similar pages
31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-38.htm - 2K - Match Info - Similar pages
31-2A-51
Section 31-2A-51 (Article 51.) Voting and rulings. (a) Voting by members of a general or special
court-martial on the findings and on the sentence shall be by secret written ballot. The junior
member of the court shall count the votes. The count shall be checked by the president, who
shall forthwith announce the result of the ballot to the members of the court. (b) The military
judge shall rule upon all questions of law and all interlocutory questions arising during
the proceedings. Any such ruling made by the military judge upon any question of law or any
interlocutory question other than the factual issue of mental responsibility of the accused
is final and constitutes the ruling of the court. However, the military judge may change the
ruling at any time during the trial. Unless the ruling is final, if any member objects thereto,
the court shall be cleared and closed and the question decided by a voice vote as provided
in Section 31-2A-52 (Article 52), beginning with the junior in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-51.htm - 2K - Match Info - Similar pages
31-2A-39
Section 31-2A-39 (Article 39.) Sessions. (a) At any time after the service of charges which
have been referred for trial to a court-martial composed of a military judge and members,
the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session
without the presence of the members for the purpose of: (1) Hearing and determining motions
raising defenses or objections which are capable of determination without trial of the issues
raised by a plea of not guilty. (2) Hearing and ruling upon any matter which may be ruled
upon by the military judge under this code, whether or not the matter is appropriate for later
consideration or decision by the members of the court. (3) Holding the arraignment and receiving
the pleas of the accused. (4) Performing any other procedural function which does not require
the presence of the members of the court under this code. These proceedings shall be conducted
in the presence of the accused, the defense counsel, and the trial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-39.htm - 1K - Match Info - Similar pages
31-2A-42
Section 31-2A-42 (Article 42.) Oaths or affirmations. (a) Before performing their respective
duties, military judges, general and special courts-martial members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath or affirmation in the presence of
the accused to perform their duties faithfully. The form of the oath or affirmation, the time
and place of the taking of the oath, the manner of recording the oath, and whether the oath
or affirmation shall be taken for all cases in which these duties are to be performed or for
a particular case, shall be as prescribed in regulation or as provided by law. These regulations
may provide that an oath or affirmation to perform faithfully the duties as a military judge,
trial counsel, or defense counsel may be taken at any time by any judge advocate or other
person certified or designated to be qualified or competent for the duty, and if such an oath
or affirmation is taken, it need not again be taken at the time the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-42.htm - 1K - Match Info - Similar pages
31-2A-52
Section 31-2A-52 (Article 52.) Number of votes required. (a) No person may be convicted of
an offense except as provided in Section 31-2A-45(b) (Article 45(b)) or by the concurrence
of two-thirds of the members present at the time the vote is taken. (b) All other questions
to be decided by the members of a general or special court-martial shall be determined by
a majority vote, but a determination to reconsider a finding of guilty or to reconsider a
sentence, with a view toward decreasing it, may be made by any lesser vote which indicates
that the reconsideration is not opposed by the number of votes required for that finding or
sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion
relating to the question of the accused's sanity is a determination against the accused. A
tie vote on any other question is a determination in favor of the accused. (c) Pursuant to
its authority under Article XV, Section 271 of the Constitution of Alabama of 1901,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-52.htm - 1K - Match Info - Similar pages
31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial
in the state military forces are: (1) General courts-martial, consisting of either of the
following: a. A military judge and not less than five members. b. Only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge approves. (2) Special courts-martial,
consisting of either of the following: a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the
same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary
courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-16.htm - 1K - Match Info - Similar pages
31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-60.htm - 5K - Match Info - Similar pages
16-5-10
Section 16-5-10 Additional powers and duties of commission. The commission shall exercise the
following powers and duties in addition to those otherwise specified in this article: (1)
To cause to be made such surveys and evaluations of higher education as are believed necessary
for the purpose of providing appropriate information to carry out its powers and duties. (2)
To recommend to the Legislature of Alabama the enactment of such legislation as it deems necessary
or desirable to insure the highest quality of higher education in this state taking into consideration
the orderly development and maintenance of the state system of public higher education to
meet trends in population and the change in social and technical requirements of the economy.
(3) To advise and counsel the Governor, at his request, regarding any area of, or matter pertaining
to, postsecondary education. (4) To establish definitions of a junior college, a community
college, a technical college or institute, a senior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-5-10.htm - 6K - Match Info - Similar pages
31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer
of the Alabama National Guard is eligible to serve on all courts-martial for the trial of
any person subject to this code. (b) Any warrant officer of the Alabama National Guard is
eligible to serve on general and special courts-martial for the trial of any person subject
to this code, other than a commissioned officer. (c) Any enlisted member of the state military
forces who is not a member of the same unit as the accused is eligible to serve on general
and special courts-martial for the trial of any enlisted member subject to this code, but
that member shall serve as a member of a court only if, before the conclusion of a session
called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in
the absence of such a session, before the court is assembled for the trial of the accused,
the accused personally has requested orally on the record or in writing that enlisted...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-25.htm - 3K - Match Info - Similar pages
|