15-22-43
Section 15-22-43 Special medical parole docket; implementation; factors considered; annual report. (a)(1) The Board of Pardons and Paroles shall establish a special medical parole docket and adopt the rules for implementation pursuant to Section 15-22-24(e). For each person considered for medical parole, the board shall determine whether the person is a geriatric inmate, permanently incapacitated inmate, or terminally ill inmate for purposes of placing the person on a special medical parole docket to be considered for parole by the board. An open public hearing shall be held, pursuant to Section 15-22-23, to consider the medical parole of the inmate. Notices of the hearing shall be sent pursuant to Sections 15-22-23 and 15-22-36. The notice shall clearly state the inmate is being considered for a medical parole. (2) The Department of Corrections shall immediately provide, upon request from the board, a list of geriatric, permanently incapacitated, and terminally ill inmates who are...
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41-9-85.6
Section 41-9-85.6 Failure to provide notice; penalties; costs and expenses of Securities Commission. (a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2, the Securities Commission, after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose an assessment of up to the amount of the payment or obligation to pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay, whichever is greater. (b)(1) If a person fails to pay the assessment and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered from the person by an action brought by the Securities Commission in any court of competent jurisdiction. (2) Notwithstanding any provision of law to the contrary, an alleged failure by a convicted individual to give notice under Section 41-9-85.2 may not result in proceedings for an alleged violation of the conditions of probation,...
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15-22-42
Section 15-22-42 Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) BOARD. The Board of Pardons and Paroles. (2) GERIATRIC INMATE. A person 60 years of age or older convicted in this state of a non-capital felony offense and sentenced to the penitentiary, who suffers from a chronic life-threatening infirmity, life-threatening illness, or chronic debilitating disease related to aging, who requires assistance with a necessary daily life function and poses a low risk to the community, and who does not constitute a danger to himself or herself or society. (3) NECESSARY DAILY LIFE FUNCTION. Eating, breathing, toileting, walking, or bathing. (4) PERMANENTLY INCAPACITATED INMATE. A state inmate who satisfies both of the following: a. Is unable to perform one and requires assistance with one or more necessary daily life functions or who is completely immobile. b. Has such limited physical or mental ability, strength, or capacity that he or...
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41-9-80.7
Section 41-9-80.7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-80.3, the Securities Commission, after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose an assessment of up to the amount of the payment or obligation to pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay, whichever is greater. (b)(1) If a person fails to pay the assessment and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered from the person by an action brought by the Securities Commission in any court of competent jurisdiction. (2) Notwithstanding any provision of law to the contrary, an alleged failure by a convicted individual to give notice under Section 41-9-80.3 may not result in...
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15-18-71
Section 15-18-71 Enforceability of order when defendant imprisoned; condition of parole. When a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable during the period of imprisonment when the defendant has any asset or other income or any portion thereof to which a defendant is or may be entitled. The Board of Pardons and Paroles shall be notified of the amount of restitution by its parole officers and when and if the defendant is paroled, it shall be made a condition of the parole to continue the restitution payments to the victim. If during the period of the defendant's parole, he or she fails to make restitution as ordered by the original court, it shall be grounds for revocation of parole. (Acts 1980, No. 80-588, p. 928, §7; Act 2009-632, p. 1937, §1.)...
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12-15-502
Section 12-15-502 Referral of multiple needs child case to county team. After the filing of a petition alleging that a child is delinquent, dependent, or in need of supervision, or after the filing of a petition seeking mental commitment of a minor or child pursuant to Article 4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced child to the county team for recommendation if the petition alleged or evidence reveals to the juvenile court that the child may be a multiple needs child. If the case involves a child in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201, who is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the juvenile court shall refer the case to the county team. This referral may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing or prior to disposition to review the findings and...
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15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex offender required to register under this chapter may petition the court for relief from the residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating medical condition requiring substantial care or supervision or requires placement in a residential health care facility. (b) A petition for relief pursuant to this section shall be filed in the civil division of the circuit court of the county in which the sex offender seeks relief from the residency restriction. (c) The sex offender shall serve a copy of the petition by certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting attorney of the county where the sex offender seeks relief from the...
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15-20A-26
Section 15-20A-26 Juvenile sex offender - Treatment; risk assessment. (a) Upon adjudication of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex offender treatment by a sex offender treatment program or provider approved by the Department of Youth Services. (b) Upon completion of sex offender treatment, the juvenile sex offender shall be required to undergo a sex offender risk assessment. The treatment provider shall provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and the juvenile probation office not less than 60 days prior to the projected release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public or immediately upon completion of the risk assessment if the juvenile sex offender is not in a facility where the juvenile sex offender does not have unsupervised access to the public. (c) Upon receiving the risk assessment, the juvenile...
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15-20A-39
Section 15-20A-39 Harboring, assisting, concealing, or withholding information about a sex offender. (a) A person is guilty of the crime of harboring, assisting, concealing, or withholding information about a sex offender if the person has knowledge or reason to believe that a sex offender is required to register and the person assists the sex offender in avoiding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter if the person does any of the following: (1) Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor the sex offender. (2) Allows a sex offender to reside at his or her residence to avoid registration if the address is not the address the sex offender listed as his or her residence address. (3) Warns a sex offender that a law enforcement agency is attempting to locate the sex offender. (4) Provides the...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met: (1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim. (2) At the time of the commission of the sex offense, the victim was 13 years of age or older. (3) The sex...
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