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45-41-85
Section 45-41-85 Waiver of arraignment. (a) This section shall apply only to the 37th Judicial
Circuit of Alabama. (b) If a defendant in a criminal case pending in a court of competent
jurisdiction shall enter a written plea of not guilty at any time prior to the day of his
or her arraignment such plea shall constitute a waiver of his or her right to have an arraignment
at which he or she is present in person or at which he or she is represented by an attorney.
-(Act 83-569, p. 875, §§1, 2.)...
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5-26-3
Section 5-26-3 Definitions. For purposes of this chapter, the following definitions shall apply:
(1) DEPOSITORY INSTITUTION. The term "depository institution" has the same meaning
as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. (2) FEDERAL
BANKING AGENCIES. The term "federal banking agencies" means the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office
of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance
Corporation. (3) IMMEDIATE FAMILY MEMBER. The term "immediate family member" means
a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren,
stepsiblings, and adoptive relationships. (4) INDIVIDUAL. The term "individual"
means a natural person. (5) LOAN PROCESSOR OR UNDERWRITER. (a) In General. The term "loan
processor or underwriter" means an individual who performs clerical or support duties
as an...
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13A-10-15
Section 13A-10-15 Terrorist threats. (a) A person commits the crime of making a terrorist threat
when he or she credibly, based on an objective evaluation, threatens to commit a crime of
violence against a person or to damage any property by use of a bomb, explosive, weapon of
mass destruction, firearm, deadly weapon, or other mechanism and any of the following: (1)
The threat causes the evacuation of any real property, as defined under this section. (2)
The threat causes the disruption of school, church, or government activity. (3) The threat
is with intent to retaliate against the victim because of his or her involvement or participation
as any of the following: a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative
proceeding. c. A person who provided to a law enforcement officer, adult or juvenile probation
officer, prosecuting attorney, or judge any information relating to...
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13A-10-40
Section 13A-10-40 Bail jumping in the second degree. (a) A person commits the crime of bail
jumping in the second degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed any misdemeanor or Class C felony, he fails to appear
at that time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) This section does not apply
to a person released from custody on condition that he will appear in connection with a charge
of having committed a misdemeanor in violation of Title 32 of this Code. (d) Bail jumping
in the second degree is a Class A misdemeanor. (Acts...
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13A-11-36
Section 13A-11-36 Defenses to prosecutions under article. (a) A person does not commit a crime
under this article if: (1) He was a peace officer engaged in the lawful performance of his
duties; or (2) He was an officer, employee or agent of a communication common carrier who,
while acting in the normal course of his employment, and while engaged in any activity which
was a necessary incident to the rendition of his service or to the protection of the rights
or property of the carrier of such communication, intercepted, disclosed or used a communication
transmitted through the facilities of that carrier; or (3) He relies in good faith on a lawful
court order or legislative authorization. (b) The burden of injecting the issue under subsection
(a) is on the defendant, but this does not shift the burden of proof. (Acts 1977, No. 607,
p. 812, §5630.)...
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15-1-3
Section 15-1-3 Foreign language interpreters. (a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding or during the juvenile court
intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness
informs the court that he or she does not speak or adequately understand the English language,
the court may appoint an interpreter. (2) The defendant, juvenile, complainant, petitioner,
or witness shall inform the appropriate court of his or her need for an interpreter immediately
upon receiving notice to appear in the court. (3) If the court determines that due process
considerations require an interpreter, the court shall appoint a qualified person to interpret
the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting
assistance. The interpreter shall also interpret the testimony...
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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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21-6-3
Section 21-6-3 Eligibility requirements. Services available under this chapter may be provided
to any person who: (1) Has made application therefor to the director of the Children's Rehabilitation
Service in the manner prescribed by him; (2) Has a severe disability that causes the person
to be homebound, such disability to be certified by an appropriate medical specialist; (3)
Has not sufficient income or resources, including family income or resources, insurance, workman's
compensation, etc., to meet the cost of home care services applied for, such insufficiency
to be determined by a rehabilitation and Children's Rehabilitation Service staff member; (4)
Is under the care of a family member who is a potential wage earner and will be relieved to
engage in employment outside the home, such circumstances to be certified by a vocational
rehabilitation counselor, and such counselor will be responsible for helping place such family
member in employment; and (5) Is a resident of this state....
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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,...
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22-57-20
Section 22-57-20 Establishment of regional autism centers; constituency board; rules and regulations.
(a)(1) There is established in determined geographic regions of the state one or more autism
centers whose purpose is to provide nonresidential resource and training services for persons
of all ages and of all levels of intellectual functioning who have any of the following: a.
Autism. b. A pervasive developmental disorder that is not otherwise specified. c. As determined
by the Alabama Interagency Autism Coordinating Council, other disability populations which
may receive benefit from the services and activities of the regional centers. (2) Each center
shall be operationally and fiscally independent, and provide evidence-based services within
its geographical region of the state. Service delivery shall be consistent for all centers.
Each center shall coordinate services within and between state and local agencies and school
districts but may not duplicate services provided by those...
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