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12-25-38
Section 12-25-38 Revocation of post-release supervision status. (a) Offenders who fail to comply
with the conditions of post-release supervision as specified by the Board of Pardons and Paroles
may have their release status revoked. (b) At any time during the period of post-release supervision,
the Board of Pardons and Paroles may issue a warrant and may cause the offender to be arrested
for violating any of the conditions of post-release supervision. (c) Any probation officer,
police officer, or other officer with power of arrest, when requested by the probation officer
or other supervising officer, may arrest an offender under post-release supervision without
a warrant. To arrest the offender without a warrant, the arresting officer shall have a written
statement by the probation officer or other supervising officer declaring that the offender
under post-release supervision, in his or her judgment, has violated the conditions of post-release
supervision. The statement shall be...
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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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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-4.htm - 9K - Match Info - Similar pages
12-17-226.6
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the
investigating law enforcement agency incurred extraordinary investigative expenses, agree
in writing to a specific restitution agreement to be paid within a specified period of time
and in an amount to be determined by the district attorney. (5) Agree in writing to the jurisdiction
of the court beyond completion of any disposition of the case, end of sentence, or conclusion
of the pretrial diversion program to enforce collection of restitution,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.6.htm - 6K - Match Info - Similar pages
14-14-4
Section 14-14-4 Establishment of furlough program. (a) The department shall establish a medical
furlough program. The commissioner shall adopt the rules and regulations for implementation
of the medical furlough program. For each person considered for medical furlough, the commissioner
shall determine whether the person is a geriatric inmate, permanently incapacitated inmate,
or terminally ill inmate. (b) Notwithstanding any other law to the contrary, an inmate who
has not served his or her minimum sentence shall be considered eligible for consideration
for furlough under this chapter. (c) This chapter shall not apply to inmates convicted of
capital murder or a sexual offense. (d) Medical furlough consideration shall be in addition
to any other release for which an inmate may be eligible. (e) The commissioner shall determine
the conditions of release of any inmate pursuant to this chapter, including the appropriate
level of supervision of the inmate, and shall develop a discharge plan...
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45-4-233
the duty of the sheriff of the county to enclose the subpoenas in an envelope addressed to
the person to be served and place all necessary postage and a return address thereon. In the
event the witness subpoena is returned to the sheriff by the post office department of the
United States without delivery, the subpoena shall be by the sheriff returned NOT FOUND. All
witness subpoenas not returned to the sheriff by the post office department shall be considered
for all purposes as sufficient personal and legal service. It is specifically provided,
however, that, if the party calling a witness expressly requests in writing that the subpoena
be delivered to such witness personally by the sheriff or one of his or her deputies in person,
such witness shall be so served. The provisions of this section in reference to service by
mail shall not apply, however, to witness subpoenas returnable before the court instanter.
Such subpoenas shall be served only as provided in Section 12-21-180....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-4-233.htm - 5K - Match Info - Similar pages
15-22-24
The board shall maximize case supervision practices such that no probation and parole officer
is assigned more than 20 active high-risk cases at any one time. Supervision and treatment
of probationers and parolees shall include the following: (1) Use of a validated risk and
needs assessment; (2) Use of assessment results to guide the appropriate level of supervision
responses consistent with the level of supervision and evidence-based practices used to reduce
recidivism; (3) Collateral and personal contacts with the probationer or parolee and
community that may be unscheduled and that shall occur as often as needed based on the probationer's
or parolee's supervision level, which, in turn, should be based on risk of reoffense as determined
through a validated risk and needs assessment. Such contacts shall serve the purpose of keeping
supervising officers informed of the probationer's or parolee's conduct, compliance with conditions,
and progress in community-based intervention; (4)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-24.htm - 8K - Match Info - Similar pages
38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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