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14-11-31
Section 14-11-31 Prohibited acts. (a) It shall be unlawful for any employee to engage in sexual
conduct with a person who is in the custody of the Department of Corrections, the Department
of Youth Services, a sheriff, a county, or a municipality. (b) It shall be unlawful for any
probation or parole officer to engage in sexual conduct with a person who is under the supervisory,
disciplinary, or custodial authority of the officer engaging in the sexual conduct with the
person. (c) Any person violating subsection (a) or (b) shall, upon conviction, be guilty of
custodial sexual misconduct. (d) Custodial sexual misconduct is a Class C felony. (e) For
purposes of this article, the consent of the person in custody of the Department of Corrections,
the Department of Youth Services, a sheriff, a county, or a municipality, or a person who
is on probation or on parole, shall not be a defense to a prosecution under this article.
(Act 2004-298, p. 420, ยง2.)...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened
harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare
can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual
abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the
employment, use, persuasion, inducement, enticement, or coercion of any child to engage in,
or having a child assist any other person to engage in, any sexually explicit conduct or any
simulation of the conduct for the purpose of producing any visual depiction of the conduct;
or the rape, molestation, prostitution, or other form of sexual exploitation of children,
or incest with children as those acts are defined by Alabama law. Sexual exploitation includes
allowing, permitting, or encouraging a child to engage in prostitution and...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote. (a) Any other provision
of law notwithstanding, any person, regardless of the date of his or her sentence, may apply
to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if
all of the following requirements are met: (1) The person has lost his or her right to vote
by reason of conviction in a state or federal court in any case except those listed in subsection
(g). (2) The person has no criminal felony charges pending against him or her in any state
or federal court. (3) The person has paid all fines, court costs, fees, and victim restitution
ordered by the sentencing court at the time of sentencing on disqualifying cases. (4) Any
of the following are true: a. The person has been released upon completion of sentence. b.
The person has been pardoned. c. The person has successfully completed probation or parole
and has been released from compliance by the ordering entity. (b) The...
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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have the following
meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs, or physical
structure which shall provide the programs or custodial care for eligible persons released
from custody prior to the adjudication of their case or sentenced to participate in programs
developed pursuant to this part after having been adjudicated and sentenced. (2) BALDWIN COUNTY
COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised by either the
Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin County Pretrial
Release and Community Corrections Board for the deposit of all funds, from whatever source,
collected for the operation and supervision of the programs developed and operated pursuant
to this part. The agency superintending the Baldwin County Community Corrections Center shall
supervise and manage this account. Funds deposited into this...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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14-11-30
Section 14-11-30 Definitions. When used in this article, the following words shall have the
following meanings: (1) CUSTODY. Any of the following: a. Pretrial incarceration or detention.
b. Incarceration or detention under a sentence or commitment to a state or local penal institution,
any detention facility for children or youthful offenders. c. Parole or mandatory supervised
release. d. Electronic home detention. e. Parole or probation. (2) EMPLOYEE. An employee or
contractual employee of any governmental agency of the state, county, or municipality that
has by statute, ordinance, or court order the responsibility for the care, control, or supervision
of pretrial or sentenced persons in a penal system or detention facility. (3) SEXUAL CONDUCT.
Any of the following acts: a. Sexual intercourse. This term shall have its ordinary meaning
and occurs upon a penetration, however slight; emission is not required. b. Sexual contact.
Any known touching for the purpose of sexual arousal,...
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