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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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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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16-13-232
Section 16-13-232 Determining number of teacher units and instructional support units; grade
level divisors. (a) In determining the number of teacher units for the purpose of apportioning
the state Foundation Program, one teacher unit or fraction thereof shall be allowed for the
specified number of pupils in average daily membership as provided for in subsection (b),
during the first 20 scholastic days following Labor Day of the preceding school year in the
public schools. In extreme circumstances involving natural occurrences, health-related occurrences,
or other extenuating circumstances as determined and approved by the State Superintendent
of Education, average daily membership for local boards of education may be calculated using
alternative days to the first 20 scholastic days following Labor Day. Such alternative calculation
shall be determined by the State Department of Education on a case by case basis. If a request
from a local board is made to the State Superintendent, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-13-232.htm - 8K - Match Info - Similar pages
12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-203.htm - 5K - Match Info - Similar pages
32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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11-65-19
Section 11-65-19 Review of application for operator's license. (a) A commission shall promptly
consider any application for the issuance or transfer of an operator's license submitted to
it and shall grant or deny the issuance or transfer of such license based on all information
before it, including the results of investigations it deems appropriate. A commission shall
deny a license to any applicant unless it finds as follows: (1) That such applicant is a business
entity, whether a corporation, partnership, or other kind of organization, possessing the
organizational substance, financial soundness, managerial capability, and business experience
with racing and pari-mutuel wagering operations, or with businesses requiring similar managerial
experience and skill, that, in the reasonable judgment of the commission, are necessary to
conduct horse racing and pari-mutuel wagering thereon or greyhound racing and pari-mutuel
wagering thereon, as the case may be, at the location for which an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-65-19.htm - 8K - Match Info - Similar pages
15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-51.htm - 2K - Match Info - Similar pages
15-27-3
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed under
this chapter shall include a sworn statement made by the person seeking expungement under
the penalty of perjury stating that the person has satisfied the requirements set out in this
chapter and whether he or she has previously applied for an expungement in any jurisdiction
and whether an expungement has been previously granted. (b) The petitioner shall include a
certified record of arrest, disposition, or the case action summary from the appropriate agency
for the court record the petitioner seeks to have expunged as well as a certified official
criminal record obtained from the Alabama Criminal Justice Information Center. In addition
to setting forth grounds for the court to consider, the petitioner shall specify what criminal
charges from the record are to be considered, further specify the agency or department that
made the arrest and any agency or department where the petitioner was...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-3.htm - 2K - Match Info - Similar pages
22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
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38-12A-2
Section 38-12A-2 Enumeration of rights. The Department of Human Resources shall ensure that
each foster parent shall have all of the following rights: (1) The right to be treated with
dignity, respect, trust, value, and consideration as a primary provider of foster care and
a member of the professional team caring for foster children. (2) The right to receive information
concerning the rights enumerated in this section. (3) The right to a concise written explanation
of their role as foster parents in partnership with children and their families, the department,
and other providers, the role of the department, and the rights and role of the members of
the birth family of a child in foster care. (4) The right to training and support for the
purpose of improving skills in providing daily care and meeting the needs of the child in
foster care. (5) The right to training, consultation, and assistance in evaluating, identifying,
and accessing services to meet their needs related to their role...
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