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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
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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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
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 counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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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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