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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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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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12-15-319
Section 12-15-319 Grounds for termination of parental rights; factors considered; presumption
arising from abandonment. (a) If the juvenile court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents of a child are unable or unwilling
to discharge their responsibilities to and for the child, or that the conduct or condition
of the parents renders them unable to properly care for the child and that the conduct or
condition is unlikely to change in the foreseeable future, it may terminate the parental rights
of the parents. In a hearing on a petition for termination of parental rights, the court shall
consider the best interests of the child. In determining whether or not the parents are unable
or unwilling to discharge their responsibilities to and for the child and to terminate the
parental rights, the juvenile court shall consider the following factors including, but not
limited to, the following: (1) That the parents have abandoned...
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15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when
plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was
found were not drawn in the presence of the officers designated by law must, if the accused
has been arrested, be filed at the session at which the indictment is found, and, if the accused
has not been arrested, it must be filed at the first session at which it is practicable after
the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant
must not be discharged but must be held in custody or bailed, as the case may be, to answer
another indictment at the same or the next session of the court, and the time elapsing between
the first and second indictments, in such case, must not be computed as a part of the period
limited by law for the prosecution of the offense. (Code 1852, §636; Code 1867, §4188; Code
1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases shall
have the following meanings, unless the context requires a different definition: (1) CHANGE
OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined
by a prior court order, whether or not accompanied by a change of the residence of a person
entitled to custody of the child, with the intent that such change shall be permanent in nature
and not amounting to a temporary absence of the child from his or her principal residence.
(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this
article, the term may include the singular and the plural. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section 12-16-74.
In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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15-22-28
Section 15-22-28 Investigation for parole; temporary leave; parole restrictions. (a) It shall
be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation
of any and all prisoners confined in the jails and prisons of the state, through use of a
validated risk and needs assessment as defined in Section 12-25-32, with a view of determining
the feasibility of releasing the prisoners on parole and effecting their reclamation. Reinvestigations
shall be made from time to time as the board may determine or as the Department of Corrections
may request. The investigations shall include such reports and other information as the board
may require from the Department of Corrections or any of its officers, agents, or employees.
(b) It shall be the duty of the Department of Corrections to cooperate with the Board of Pardons
and Paroles for the purpose of carrying out this article. (c) Temporary leave from prison,
including Christmas furloughs, may be granted...
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