26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian. (b) After the filing of a petition, the court shall set a date for hearing on the issue of incapacity so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician or other qualified person appointed by the court who shall submit a report in writing to the court. The person alleged to be incapacitated also shall be interviewed by a court representative sent by the court. The court representative also shall interview the person who...
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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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45-14-233
Section 45-14-233 Law enforcement authority of community corrections director and employees. (a) The Director of the Clay County Community Corrections Program and employees of the program shall constitute law enforcement officers of the State of Alabama with authority to make arrests and serve arrest and search warrants in the performance of their official duties to the same extent as deputy sheriffs are authorized and empowered in the counties, so long as he or she holds a current certification from the Alabama Peace Officers' Standards and Training Commission. The powers of arrest under this section shall be limited to investigations and arrests involving criminal acts committed at facilities of the program and acts committed by persons under their supervision which constitute a violation of supervision or the commission of a criminal offense. The program director or any community corrections employee with law enforcement authority may arrest any person under his or her supervision...
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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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9-11-396
Section 9-11-396 Penalties for violations of provisions of article, etc.; powers of law enforcement officers, etc., as to enforcement of article, etc.; custody and disposition of equipment, etc., seized in connection with violations of article, etc.; disposition of moneys arising from fines and forfeitures. (a) Any person who violates a provision of this article or any regulation promulgated pursuant to this article or of the Marine Mammal Protection Act of 1972 or regulation promulgated thereunder or who fails to procure or violates the terms of any permit issued pursuant thereto shall, upon conviction, be fined not less than $50.00 nor more than $500.00 or be imprisoned not more than six months or both. (b) Any officer employed and authorized by the commissioner or any law enforcement officer of the state or of any municipality or county within the state shall have authority to conduct searches as provided by law and to execute a warrant to search for and seize any equipment,...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any person, department, agency, or entity, except as provided elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but not limited to: a. Records of juvenile probation officers. b. Records of the Department of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education records, including, but not limited to, individualized education plans. k. Detention records. l. Demographic information that identifies a child or the family of a...
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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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45-2-84.06
Section 45-2-84.06 Application for pretrial release; payment of fees, etc. (a) Any person charged in Baldwin County for an offense, other than those enumerated in subdivision (5) of Section 45-2-84.02, may request and apply for pretrial release under this part. Employees of the Baldwin County Community Corrections Center or other persons designated by rules of the Baldwin County Pretrial Release and Community Corrections Board may investigate, evaluate, and recommend to a judicial officer the terms of the defendant's pretrial release pursuant to a pretrial release program developed by the Baldwin County Pretrial Release and Community Corrections Board. The defendant shall be notified prior to his or her release of all fees or other monies he or she will be responsible to pay if he or she participates in pretrial release pursuant to this part. (b) The judicial officer having jurisdiction of the defendant may order, as a condition of pretrial release pursuant to this part, that in...
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45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program, 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, and the period of time after which the district attorney will dispose of the charges against the offender in a noncriminal manner or what charges the defendant will plead guilty to and the recommended sentence the offender should receive. (b) As a condition of being admitted to the pretrial diversion program, the district attorney may require the offender to agree to any of the following terms or conditions: (1) Participate in an education setting, to include, but not be limited to, K-12, college, job training, trade school, GED classes, or adult basic education courses. (2) If appropriate, attempt to learn to read and write. (3) Financially support his 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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