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12-25-34
Section 12-25-34 Development and adoption of the voluntary sentencing standards. (a) Statewide
voluntary sentencing standards shall be developed and presented to the Legislature in stages
over a three-year period as follows: (1) By July 31, 2003, the commission shall develop and
distribute to all sentencing judges a reference manual analyzing historical sentencing practices
by duration of sentence and disposition of felony offenders in Alabama. The reference manual
shall indicate those types of offenders historically most likely to be sentenced to punishments
other than active incarceration where alternatives to active incarceration are available.
(2) Concurrently with the development and distribution of the reference manual, the commission
shall develop and begin testing worksheets and voluntary sentencing standards in selected
circuits for selected felony offenses. (3) The commission shall develop and present the initial
voluntary sentencing standards to the Legislature before or...
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13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context requires otherwise. (b) The following definitions are also
applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant
to a lawful arrest, conviction or order of court, but does not include mere supervision of
probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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14-9-44
Section 14-9-44 Nonretroactive effect of article; effect on habitual offender laws. (a) Nothing
herein shall be interpreted to give any retroactive effect to this article. (b) Nothing contained
in this article shall in any way be construed to repeal or affect the provisions of Section
13A-5-9, or any other statute heretofore or hereinafter enacted in this state dealing with
habitual felony offenders or the sentencing of such offenders. (Acts 1980, No. 80-446, p.
690, ยง6.)...
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12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence. In addition
to requirements set forth in subsection (a), expert testimony based on a scientific theory,
principle, methodology, or procedure is only admissible if: (1) The testimony is based on
sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama
Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with
Section 6-5-540, et seq., or any judicial interpretation...
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13A-11-290
Section 13A-11-290 Leaving child or incapacitated person unattended in motor vehicle prohibited.
(a) This section shall be known and cited as the Amiyah White Act. (b) For the purposes of
this section, the term motor vehicle shall mean any motor vehicle as defined in Section 32-1-1.1,
and the term incapacitated person shall mean any incapacitated person as defined in Section
26-2A-20. (c)(1) A licensed day care center, a licensed child care facility, a program providing
day care service to incapacitated persons, or any other child care service that is exempt
from licensing pursuant to Section 38-7-3, or an employee thereof, or a person for hire responsible
for a child under the age of 7 or an incapacitated person, shall not leave a child or an incapacitated
person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury
or harm. (2) A person violating this section shall be punished by a fine of not less than
two thousand dollars ($2,000). If a person has a...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall be
for a definite term of imprisonment, which imprisonment includes hard labor, within the following
limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10
years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3) For a Class
C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the
offense is a sex offense pursuant to Section 15-20A-5. (4) For a Class D felony, not more
than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of
Section 15-18-8. (5) For a Class A felony in which a firearm or deadly weapon was used or
attempted to be used in the commission of the felony, or a Class A felony sex offense involving
a child as defined in Section 15-20A-4, not less than 20 years. (6) For a...
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13A-6-29
Section 13A-6-29 Administration of medication by owner, operator, or employee of child care
facility. (a) As used in this section, the following terms shall have the following meanings:
(1) MEDICALLY PRESCRIBED. In accordance with a physician's prescription or in accordance with
age-appropriate directions for the over-the-counter medication. (2) NEAR FATALITY. An act
that, as certified by a physician, places the child in serious or critical condition. (b)
There is established the crime of administration of medication by the owner, operator, or
employee of a child care facility with the intent to drug the child or alter the child's behavior
beyond what is medically prescribed or with the reckless disregard for the health, safety,
and welfare of the child. (c) A violation of subsection (b) is punishable as follows: (1)
A violation which does not cause or contributes to the death, near fatality, dismemberment,
or permanent disability of a child is a Class C felony. (2) A violation which...
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15-18-174
Section 15-18-174 Powers, duties, authority of department. In addition to those otherwise provided
by law, the department shall have the following powers, duties, and authority: (1) Monitor
the community punishment and corrections program within the goals and mandates established
herein. (2) Conduct statewide public education programs concerning the purposes and goals
as established herein and make an annual report to the Prison Oversight Committee of the Legislature
and the Alabama Sentencing Commission regarding the effectiveness of diversion of offenders
from state and local correctional institutions. This annual report should also include data
showing the impact of diversion of offenders by race, gender, and location of the offender.
(3) Provide technical assistance to local governments, authorities and other nonprofit entities
and agencies, and local community punishment and corrections advisory boards regarding development
of a community punishment and corrections program. (4)...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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12-25-35
Section 12-25-35 Use of voluntary sentencing standards. (a) In felony cases, a probation officer,
the district attorney, or some other person appointed at the discretion of the sentencing
judge, and within the time frame set by the judge, shall, after notice to the offender or
his or her attorney, present a completed appropriate voluntary sentencing standards worksheet
to the sentencing judge for consideration. (b) The trial court shall review the sentencing
standards worksheet and consider the suitability of the applicable voluntary sentencing standards
established pursuant to this article. In imposing sentence, the court shall indicate on the
record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary
standards, and sentences outside the voluntary sentencing standards in accordance with existing
law, the court may provide a brief written reason for...
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