Code of Alabama

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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate
wages. (a) Community punishment and corrections funds may be used to develop or expand the
range of community punishments and services at the local level. Community-based programs should
utilize evidence-based practices, as defined in Section 12-25-32, in the treatment and supervision
of program participants. The supervision and treatment of each program participant is expected
to be based on the participant's anticipated risk of reoffending, as determined through a
validated risk and needs assessment as defined in Section 12-25-32, administered by the program.
Supervision and treatment of program participants should include the following: (1) Use of
a validated risk and needs assessment; (2) Use of assessment results to provide guidance for
determining the appropriate level of supervision responses consistent with the levels of supervision
and evidence-based practices reasonably anticipated...
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15-22-27.4
Section 15-22-27.4 Parole of persons convicted of sex offense involving person under 13 years
of age - Chemical castration treatment. (a) As used in this section, the following terms shall
have the following meanings: (1) CHEMICAL CASTRATION TREATMENT. The receiving of medication,
including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent,
that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones,
or other chemicals in a person's body. (2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF
13 YEARS. A sex offense, as described in Section 15-20A-5, that is committed against a person
who has not attained the age of 13 years. (b) Subject to Section 15-22-27.3, as a condition
of parole, a court shall order a person convicted of a sex offense involving a person under
the age of 13 years to undergo chemical castration treatment, in addition to any other punishment
prescribed for that offense or any other provision of...
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12-17-226.1
Section 12-17-226.1 Authorization to establish program; discretionary powers; supervision and
control; intervention plans. (a) The district attorney of any judicial circuit of this state
may establish a pretrial diversion program within that judicial circuit or any county within
that judicial circuit. (b) All discretionary powers endowed by the common law, provided for
by statute and acts of this state, or otherwise provided by law for the district attorneys
of this state shall be retained. (c) A county pretrial diversion program established under
subsection (a) shall be under the direct supervision and control of the district attorney.
The district attorney may contract with any agency, person, or corporation, including, but
not limited to, certified and judicially sanctioned community corrections programs, certified
mental health and drug treatment programs, family service programs, or any certified not-for-profit
programs for services related to this division. The district attorney...
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12-19-290
Section 12-19-290 Created; purposes; payments. (a) The Advanced Technology and Data Exchange
Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into
the State Treasury to the credit of the fund pursuant to Section 12-19-181 or by legislative
appropriations, grant, gift, or otherwise. (c) Monies contained in the Advanced Technology
and Data Exchange Fund may be expended to provide for any activities involving the administration
of justice including, but not limited to, the following purposes: (1) Expand methods and means
for collection and disbursement of court-ordered monies through the use of credit cards, electronic
fund transfers, or other means and provide for electronic transfer of records and storage.
(2) Enhance coordination and sharing of data with local, state, and federal agencies, members
of the bar, and the public. (3) Provide equipment for electronically filing cases. (4) Improve
accountability for case filings and dispositions. (5) Train...
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12-19-311
Section 12-19-311 Bail bond fees. (a)(1) In addition to all other charges, costs, taxes, or
fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph
b. shall be imposed on every bail bond in all courts of this state. The fee shall not be assessed
in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter
5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant
to this section shall only be assessed on one charge. For the purposes of this section, the
term same incident shall be defined as the same date, location, and proximate time. Where
the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed
more than three times annually per person charged. The fees shall be assessed as follows:
a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed. b. For a
misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total...
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15-18-171
Section 15-18-171 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS
AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for
the establishment of community punishment and corrections programs, the granting of funds
for programs authorized herein, and the monitoring, evaluation, and review of programs funded
herein. (2) BOARD. The board of directors of the authority or the board of directors of a
nonprofit entity. (3) COMMISSIONER. The Commissioner of the Department of Corrections. (4)
COMMUNITY. The county or counties comprising one or more judicial circuits. (5) COMMUNITY
PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions
of this article. (6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as
an alternative to incarceration and maintained by a county commission or an...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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36-21-47.1
Section 36-21-47.1 Remittance of court costs to fund. (a) The fees and costs shall be collected
by the court official who collects other costs and fees. The moneys collected according to
this section shall be remitted by the person or authority collecting the tax to the Peace
Officers' Standards and Training Fund as provided in Section 36-21-47. The money shall fund
work within the functions and duties of the Peace Officers' Standards and Training Commission's
basic law enforcement training program at the following certified training academies: The
Law Enforcement Academy located in Tuscaloosa, Alabama; the Northeast Law Enforcement Academy
located at Jacksonville State University in Jacksonville, Alabama; the Southwest Law Enforcement
Academy at Faulkner State Junior College in Bay Minette, Alabama; the Alabama Criminal Justice
Training Center in Selma, Alabama; and the Montgomery Law Enforcement Academy in Montgomery,
Alabama. The money shall be distributed to the academies listed in...
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45-45-82.51
Section 45-45-82.51 Legislative findings. The Legislature hereby finds and declares the following:
(1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit
has the highest caseload in Alabama. The number of criminal cases has doubled during the last
five years, resulting in a backlog of almost 4,500 cases, including approximately 18 capital
murder cases. Some defendants have been awaiting trial for almost five years. The caseload
facing prosecutors is staggering. Individual drug crime prosecutors are assigned in excess
of 500 cases and it is not uncommon for each prosecutor to prepare to try 60 cases on a single
week's docket. The sheer number of criminal defendants is so large that judges cannot bring
them all into the courtroom without violating an order of the Madison County Fire Marshal.
(2) While faced with these virtually insurmountable problems, the state budget for fiscal
year 2004 has required the system to bear cuts so draconian that the...
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