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31-2A-95
Section 31-2A-95 (Article 95.) Resistance, flight, breach of arrest, and escape. Any person
subject to this code who does any of the following shall be punished as a court-martial may
direct: (1) Resists apprehension. (2) Flees from apprehension. (3) Breaks arrest. (4) Escapes
from custody or confinement. (Act 2012-334, §1.)...
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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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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate Corrections
Compact is hereby enacted into law and entered into by the State of Alabama with any and all
states legally joining therein, in accordance with its terms, in the form substantially as
follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states, desiring
by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs
on a basis of cooperation with one another, thereby serving the best interests of such offenders
and of society and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and...
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31-2A-9
Section 31-2A-9 (Article 9.) Imposition of restraint. (a) Arrest is the restraint of a person
by an order, not imposed as a punishment for an offense, directing him or her to remain within
certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted
member may be ordered into arrest or confinement by any commissioned officer by an order,
oral or written, delivered in person or through other persons subject to this code. A commanding
officer may authorize warrant officers, petty officers, or noncommissioned officers to order
enlisted members of the commanding officer's command or subject to the commanding officer's
authority into arrest or confinement. (c) A commissioned officer, a warrant officer, or a
civilian subject to this code or to trial thereunder may be ordered into arrest or confinement
only by a commanding officer to whose authority the person is subject, by an order, oral or
written, delivered in person or by another commissioned officer. The...
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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another person.
Factors to be considered in determining an implied threat include, but are not limited to,
the respective ages and sizes of the victim and the accused; the respective mental and physical
conditions of the victim and the accused; the atmosphere and physical setting in which the
incident was alleged to have taken place; the extent to which the accused may have been in
a position of authority, domination, or custodial control over the victim; or whether the
victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following: a. A person who suffers from a
mental or developmental disease or disability which renders the person...
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31-2A-10
Section 31-2A-10 (Article 10.) Restraint of persons charged with offenses. Any person subject
to this code charged with an offense under this code may be ordered into arrest or confinement,
as circumstances may require. When any person subject to this code is placed in arrest or
confinement prior to trial, immediate steps shall be taken to inform the person of the specific
wrong of which the person is accused and diligent steps shall be taken to try the person or
to dismiss the charges and release the person. (Act 2012-334, p. 790, §1.)...
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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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31-2A-78
Section 31-2A-78 (Article 78.) Accessory after the fact. Any person subject to this code who,
knowing that an offense punishable by this code has been committed, receives, comforts, or
assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment
shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
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