Code of Alabama

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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public
inspection. (a) As used in this section, the following terms shall have the following meanings:
(1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the
provisions of the state Merit System or any person who is regularly employed by a criminal
justice agency or entity or by a law enforcement agency within the state or any honorably
retired employee thereof, to include, but not be limited to, the following: A judge of any
position, including a judge of a municipal court; a district attorney; a deputy district attorney;
an assistant district attorney; an investigator employed by a district attorney; an attorney,
investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy
sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special
district, provided the law enforcement officer is certified by the...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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45-8-232.20
Section 45-8-232.20 Rehabilitation board; rules and regulations; inmate wages; escape from
custody; work release program requests; annual report. (a) This section shall apply to Calhoun
County. (b) The following words shall have the following meanings: (1) BOARD. The Calhoun
County Rehabilitation Board, which shall be composed of the sheriff who shall act as chair;
the district attorney; the senior circuit judge; the senior district judge; and a fifth person
to be selected by the Calhoun County Commission. (2) INMATE. Any person convicted of a crime
and sentenced to the county jail or state prison. (c)(1) The board shall adopt written procedures
of operation and administration and shall elect one of its members as chair on an annual basis.
Meetings shall generally be conducted in accordance with Robert's Rules of Order. (2) Any
rules, regulations, or policies promulgated by the board shall be written upon the minutes
of the board, and shall be acknowledged and signed by each member of...
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12-14-30
Section 12-14-30 Appointment, terms of office and qualifications; designation, etc., of presiding
judge; filling of vacancies; oath; grounds for disqualification of judges from hearing of
cases; practice of law or receipt of unauthorized remuneration for judicial services by full-time
judges prohibited. (a) The governing body of the municipality shall, by vote of a majority
of its members, appoint judges of the municipal court. (b) The term of office of each full-time
municipal judge shall be for a term of four years. The term of office of a municipal judge
other than a full-time municipal judge shall be two years. The term of either full-time or
part-time municipal judges shall continue until a successor has been appointed and qualified.
(c) In the event that a municipality has more than one judge, the mayor shall designate a
presiding judge, who shall have such additional duties and powers and be entitled to receive
such additional compensation as provided by ordinance. (d) Each...
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12-17-226.16
Section 12-17-226.16 Utilization of community programs and drug court programs; election to
opt into this division. (a) A district attorney, to the extent practicable, may enter into
an agreement with a community correction entity, to utilize the services of existing community
corrections programs established pursuant to Section 15-18-170, or faith based community programs,
which are certified by the Alabama Department of Mental Health, to provide for the supervision
of defendants participating in a pretrial diversion program established under this division.
The district attorney may enter into an agreement with a drug court entity to utilize the
services of existing certified drug court programs established pursuant to Section 12-23A-4,
provided that the district attorney determines it would serve the best interest of justice
and the community. (b) Notwithstanding subdivision (2) of subsection (b) of Section 12-17-226.11,
if, upon enactment of this legislation, a pretrial diversion...
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12-19-180
Section 12-19-180 Criminal history processing fee; allocation of monies; access to court data
from within and without Unified Judicial System; user fees to be deposited in Court Automation
Fund; section not bar to public access to court records. (a) In addition to all other costs,
fees, or fines prescribed by law, each person convicted of a crime in a municipal, district,
or circuit court, except traffic cases which do not involve driving under the influence of
alcohol or controlled substances as set out in Section 32-5A-191, and conservation cases and
juvenile cases, shall be assessed a criminal history processing fee of thirty dollars ($30).
The assessment shall be automatically assessed by the clerk of the court upon conviction.
(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated
Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund,
and a fund to be designated as the Criminal Justice Information...
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45-37-240.20
Section 45-37-240.20 Election procedures. (a)(1) Those deputy or assistant county officials
serving in the branch offices in the City of Bessemer in Jefferson County maintained as required
by Act No. 490, H. 1566, Regular Session, (General Acts of Alabama 1915, p. 549), hereinafter
listed, in lieu of being appointed by the principal county officers, shall be elected and
nominated in the same manner that the circuit judges sitting at Bessemer and the deputy district
attorney of the Bessemer Division of Jefferson County are nominated and elected, as follows,
by the qualified voters of the territory over which the Circuit Court of the Tenth Judicial
Circuit sitting at Bessemer has and exercises jurisdiction, and each of such officials shall
at the time of his or her election and during his or her term of office reside within the
territory from which he or she is elected. a. The assistant tax collector shall be elected
at the general election held on the first Tuesday after the first...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program established under this division,
there shall be a written agreement between the district attorney and the offender. The agreement
shall include the terms of the pretrial diversion program, the length of the program, as practicable
as possible, the costs of the program to the offender, and the period of time after which
the district attorney must dispose of the charges against the offender. If, as part of the
pretrial diversion program, the offender agrees to plead guilty to a particular charge or
charges and receives a specific sentence, an agreement concerning when the plea of guilt will
occur, to what charges to which the offender will plead guilty, and any sentence to be imposed
shall be approved by and submitted to an appropriate circuit or district court judge having
jurisdiction over the offender within the judicial circuit prior...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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