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45-29-82.65
Section 45-29-82.65 Program requirements. (a) An offender who enters into the pretrial diversion
program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing,
and contingent upon the successful completion of the program, his or her right to a speedy
trial. (2) Agree, in writing, to the tolling, while in the program, of periods of limitations
established by statutes or rules of court. (3) Waive in writing his or her right to a jury
trial. (4) Provide a statement as to his or her involvement in the offense charged, which
statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account circumstances
of the offender and victim. (b) Pretrial diversion program records...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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32-6-49.24
Section 32-6-49.24 Disqualification of person convicted of crime requiring registration as
a sex offender. (a)(1) Effective July 10, 2010, except as otherwise provided by this subsection,
a person convicted of a crime that requires registration as a sex offender under Chapter 20A
of Title 15, formerly Article 2 of Chapter 20 of Title 15 is prohibited from driving a commercial
motor vehicle that requires a commercial driver license with a P or an S endorsement. (2)
If a person who is registered as a sex offender pursuant to Chapter 20A of Title 15, formerly
Article 2 of Chapter 20 of Title 15 on July 10, 2010, has a valid commercial driver license
with a P or an S endorsement that was issued on or before July 10, 2010, then the person is
not disqualified under this subsection until that license expires, provided the person does
not commit a subsequent offense that requires registration as a sex offender under Chapter
20A of Title 15, formerly Article 2 of Chapter 20 of Title 15. (b) The...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (2) A property offense. (3) An offense
wherein the victim did not receive serious physical injury. (4) An offense in which the victim
was not a child under 14 years of age, a law enforcement officer, a school official, or a
correctional officer. (5) A misdemeanor other than one specifically excluded in this section.
(6) A violation classified under this code. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with
an offense, at an appearance before a judicial officer, may be ordered released pending a
trial on personal recognizance or upon the execution of an unsecured appearance bond in an
amount specified by the judicial officer, unless the judicial officer determines, in the exercise
of discretion, that release will not reasonably assure the appearance of the person as required.
(b) No person in Houston County charged with an offense shall be considered for the program
created by this subpart until the accused's first appearance before a judicial officer. (c)
In determining which conditions of release will reasonably assure the appearance of a person
as required, the judicial officer, on the basis of available information as presented by the
state, city, or their representative, respectively, or the defendant, shall consider matters
such as the nature and circumstances of the offense charged, the...
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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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22-11A-17
Section 22-11A-17 Testing of correctional facility inmates for sexually transmitted diseases;
treatment; discharge of infectious inmates; victim may request results of HIV testing. (a)
All persons sentenced to confinement or imprisonment in any city or county jail or any state
correctional facility for 30 or more consecutive days shall be tested for those sexually transmitted
diseases designated by the State Board of Health, upon entering the facility, and any inmate
so confined for more than 90 days shall be examined for those sexually transmitted diseases
30 days before release. The results of any positive or reactive tests shall be reported as
provided in Section 22-11A-14. Additionally, the results of any positive or negative test
for HIV of a sexual offender shall be provided to the State Health Officer or his or her designee
as provided in Section 22-11A-14. The provisions of this section shall not be construed to
require the testing of any person held in a city or county jail...
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34-3-80
Section 34-3-80 Establishment of procedural rules; procedure generally. The Board of Commissioners
shall establish rules governing procedure in cases involving alleged professional misconduct
of members of the State Bar. The Grievance Committee of the Alabama State Bar or the Grievance
Committee of a circuit, county, or city association, established or approved by the Alabama
State Bar or its Board of Commissioners, shall have the power and authority to investigate
any alleged professional misconduct of a member of the State Bar, whether or not charge or
complaint therefor is made or referred to it, and to report its findings or recommendations
to the Board of Commissioners, or to prefer complaint or charge thereon against the accused
attorney-at-law before the Board of Commissioners for trial thereof, and to prosecute to decision
the complaint or charge before the Board of Commissioners, and the duty is imposed upon the
Board of Commissioners of considering such findings or...
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