Code of Alabama

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31-2A-57a
Section 31-2A-57a (Article 57a.) Deferment of sentences. (a) On application by an accused who
is under sentence to confinement that has not been ordered executed, the convening authority
or, if the accused is no longer under that person's jurisdiction, the person exercising general
court-martial jurisdiction over the command to which the accused is currently assigned, may
in that person's sole discretion defer service of the sentence to confinement. The deferment
shall terminate when the sentence is ordered executed. The deferment may be rescinded at any
time by the person who granted it or, if the accused is no longer under that person's jurisdiction,
by the person exercising general court-martial jurisdiction over the command to which the
accused is currently assigned. (b)(1) In any case in which a court-martial sentences an accused
referred to in subdivision (2) to confinement, the convening authority may defer the service
of the sentence to confinement, without the consent of the...
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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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22-11A-17
Section 22-11A-17 Testing of correctional facility inmates for sexually transmitted diseases;
treatment; discharge of infectious inmates; victim may request results of HIV testing. (a)
All persons sentenced to confinement or imprisonment in any city or county jail or any state
correctional facility for 30 or more consecutive days shall be tested for those sexually transmitted
diseases designated by the State Board of Health, upon entering the facility, and any inmate
so confined for more than 90 days shall be examined for those sexually transmitted diseases
30 days before release. The results of any positive or reactive tests shall be reported as
provided in Section 22-11A-14. Additionally, the results of any positive or negative test
for HIV of a sexual offender shall be provided to the State Health Officer or his or her designee
as provided in Section 22-11A-14. The provisions of this section shall not be construed to
require the testing of any person held in a city or county jail...
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45-2-84.05
Section 45-2-84.05 Credit for jail time; community service; violations of terms and conditions.
(a) Any person who has been released from custody or sentenced under this part may be required
by the court to report to the Baldwin County Jail during weekends or at the times or intervals
of time as the court may direct. Jail time credit may be given for the time served and calculated
in the customary manner. In no event shall the number of days in confinement exceed the number
of days in the original sentence. Any person who has been ordered released or sentenced pursuant
to this part may be required by the judicial officer as a condition of release or sentencing
to perform community service hours for nonprofit entities, civil organizations, or government
agencies as directed and supervised by the Baldwin County Community Corrections Center. (b)
Any part of a day spent outside of jail or the custody of the Department of Corrections, but
in the actual physical custody of the Baldwin County...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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15-18-115
Section 15-18-115 Restitution; schedule of payment; disposition of unclaimed, etc., funds.
When an inmate is placed in the Supervised Intensive Restitution program, and has been ordered
by a court of this state to make restitution to his victim, it shall be made a condition of
his participation in the program that he make restitution payments to the victim until the
restitution is paid in full. Where restitution to the victim has not been ordered by a court
of this state as part of an inmate's sentence, the commissioner may require, as a condition
of the inmate's participation in the program, that the inmate agree to an amount of restitution
to be paid to the victim through the circuit clerk of the county where the crime was committed
which amount shall be set by the commissioner. Any funds not paid out or which are unclaimed
after 12 months shall be transferred by the circuit clerk having custody thereof to the State
General Fund. The supervising correctional officer will see that a...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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14-14-2
Section 14-14-2 Definitions. For purposes of this chapter, the following words shall have the
following meanings: (1) COMMISSIONER. The Commissioner of the Department of Corrections. (2)
DEPARTMENT. The Department of Corrections. (3) GERIATRIC INMATE. A person 55 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 poses a low risk to the community, and who does
not constitute a danger to himself or herself or society. (4) PERMANENTLY INCAPACITATED INMATE.
A state inmate who possesses a permanent, irreversible physical or mental health condition
that prevents him or her from being able to perpetrate a violent physical action upon another
person or self or initiate or participate in a criminal act. The medical or mental health
treatment or need for assistance of such individual must require...
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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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