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45-9-82.23
Section 45-9-82.23 Standards for admission. (a) Admittance to the pretrial diversion program
shall be appropriate in any of the following instances: (1) The offender is 18 years of age
or older, or 16 years of age or older, if the offense is a traffic citation at the time the
alleged offense was committed. (2) There is a probability justice will be served if the offender
is placed in the diversion program. (3) It is determined the needs of the state and of the
offender can be met through the pretrial diversion program. (4) The offender appears to pose
no substantial threat to the safety and well-being of the community. (5) It appears the offender
is not likely to be involved in further criminal activity. (6) The offender will likely respond
to rehabilitative treatment. (b) The district attorney may waive any of the standards specified
in subsection (a) if justice or special circumstances dictate. (Act 2005-148, p. 258, §4.)...
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15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (a) The state, upon conviction
and prior to sentencing, may petition the sentencing court to enter an order declaring a person
convicted in this state of a sexually violent or predatory offense as a sexually violent predator.
(b) At sentencing, a court may declare a person to be a sexually violent predator. For the
purposes of this section, a person is a sexually violent predator if either of the following
applies: (1) The person is a repeat sexually violent offender. (2) The person commits a sexually
violent offense and is likely to engage in one or more sexually violent offenses in the future.
(c) A person is a repeat sexually violent offender for the purposes of this section if the
person is convicted of more than one sexually violent offense. (d) For the purposes of this
section, a sexually violent offense is any of the following: (1) A sex offense committed by
forcible compulsion, violence, duress, menace, fear of...
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12-26-2
Section 12-26-2 Exclusions. This chapter does not do any of the following: (1) Provide a basis
for invalidating a plea, conviction, or sentence. (2) Provide a cause of action for monetary
damages. (3) Affect any of the following: a. The responsibilities imposed by the Alabama Sex
Offender Registration and Community Notification Act. b. Any licensure requirements imposed
by an interstate compact or other interstate mutual recognition licensure requirements imposed
by law to which Alabama is subject, or any licensure requirements imposed by federal law.
c. An attorney's duty to represent a client. d. A claim or right of the victim of a criminal
offense. e. A right or remedy under law, other than this chapter, available to an individual
convicted of a crime. (Act 2019-464, §2.)...
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45-41-83.13
Section 45-41-83.13 Conditions of supervision. Any circuit or district court may order that
any adjudicated person shall be supervised by the program under any conditions ordered by
the court, and in accord with all of the rules and procedures of the program. These conditions
shall include, but not be limited to, the participant, during the term of participation in
the program, reporting to employees or agents of the board on a periodic basis, participation
in drug or alcohol or mental health treatment regimens, participation in court-referral programs,
completion of assessments, abiding by all of the program rules and procedures, submitting
to, paying for, and passing random, observed drug and alcohol tests as directed by the program,
and paying any assessed program supervision fees, assessment, and treatment fees, court costs,
and restitution, where applicable. Failure to abide by any condition may result in the probation
or bond of the participant being revoked, removal from the...
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12-25-4
Section 12-25-4 Advisory council. (a) An advisory council to the commission shall be established
to advise and consult the commission on sentencing matters. The advisory council shall be
composed of representatives from the various state and non-state agencies and organizations
having an interest in or whose operations directly or indirectly impact upon the criminal
justice system. Membership of the advisory council shall include: (1) The Director of Public
Safety, or his or her designee. (2) The Director of the Department of Youth Services, or his
or her designee. (3) A sheriff appointed by the Alabama Sheriff's Association. (4) A police
chief appointed by the Alabama Association of Chiefs of Police. (5) A director of a community
corrections program appointed by the Chief Justice. (6) A representative of a prison ministry
organization, who is not employed by the state, appointed by the Commissioner of the Department
of Corrections. (7) A rehabilitated former prison inmate appointed by...
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15-18-5
Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial. (a) Upon
conviction and imprisonment for any felony or misdemeanor, the sentencing court shall order
that the convicted person be credited with all of his or her actual time spent incarcerated
pending trial for the offense. The actual time spent incarcerated pending trial shall be certified
by the circuit clerk or district clerk on forms to be prescribed by the Department of Corrections.
(b) Upon a child being adjudicated delinquent and committed to the Alabama Department of Youth
Services in a juvenile court for a felony or a misdemeanor for a set period of time or as
a serious juvenile offender as specified in subsection (a) of Section 12-15-219, the juvenile
court shall order that the delinquent child be credited with all of his or her actual time
spent detained prior to or subsequent to adjudication for the offense. The actual time spent
detained shall be certified by a juvenile probation officer...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
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15-18-182
Section 15-18-182 Eligibility for continued grant funding; additional incentive funding; noncompliance
with plan. (a) In order to remain eligible for continued grant funding, a recipient must substantially
comply with the requirements of this article and the standards and administrative regulations
of the department promulgated pursuant to the Administrative Procedure Act defining program
effectiveness. Each recipient will participate in a substantive evaluation to determine local
and state program effectiveness. The form of this evaluation will be determined in collaboration
with the Office of the Governor. The standards, regulations, and evaluations of the department
are public records and shall be made available for inspection and copying upon request. (b)
Continued grant funding shall be based on demonstrated effectiveness in either reducing the
number of commitments of eligible offenders to state penal institutions or local jails which
would likely have occurred without the...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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45-1-82
Section 45-1-82 Definitions. For the purposes of this subpart, the following terms shall have
the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the Nineteenth Judicial
Circuit, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. Any person
who is employed by an agency or department whose purpose is to protect people. This may include,
but is not limited to, police personnel, sheriff personnel, coroner, Department of Human Resources
personnel, parole and probation personnel, community corrections office personnel, and court
referral office personnel, whether that agency or department is in the State of Alabama or
located elsewhere. (3) OFFENDER. Any person charged with a crime as defined by this code,
which was allegedly committed in the jurisdiction of the Nineteenth Judicial Circuit. (4)
SERIOUS PHYSICAL INJURY. As that term is defined in subdivision (14) of Section 13A-1-2. (Act
2006-89, p. 110, §1.)...
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