Code of Alabama

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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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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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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
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15-20A-3
Section 15-20A-3 Applicability. (a) This chapter is applicable to every adult sex offender
convicted of a sex offense as defined in Section 15-20A-5, without regard to when his or her
crime or crimes were committed or his or her duty to register arose. (b) Any adult sex offender
shall be subject to this chapter for life. (c) This chapter is applicable to juvenile sex
offenders who are adjudicated delinquent pursuant to the Alabama Juvenile Justice Act, Sections
12-15-101 to 12-15-601, inclusive, formerly Sections 12-15-1 to 12-15-176, inclusive, Code
of Alabama 1975, of a sex offense as defined in Section 15-20A-5. (d) A juvenile sex offender
adjudicated delinquent of a sex offense as defined in Section 15-20A-5 on or after July 1,
2011, shall be subject to this chapter for the duration of time as provided in Section 15-20A-28.
A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15-20A-5
prior to July 1, 2011, shall be subject to registration and...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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15-20A-28
Section 15-20A-28 Juvenile sex offender - Lifetime registration and notification. (a) A juvenile
adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time
of the offense, shall be subject to registration and notification, if applicable, for life:
(1) Rape in the first degree, as provided by Section 13A-6-61. (2) Sodomy in the first degree,
as provided by Section 13A-6-63. (3) Sexual abuse in the first degree, as provided by Section
13A-6-66. (4) Sexual torture, as provided by Section 13A-6-65.1. (5) Any offense committed
in any other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1) to (4), inclusive. (6) Any
offense, committed in this state or any other jurisdiction, comparable to or more severe than
aggravated sexual abuse as described in 18 U.S.C. ยง 2241(a) or (b). (7) Any attempt or conspiracy
to commit any of the offenses listed in subdivisions (1)...
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15-20A-45
Section 15-20A-45 Penalties. (a) A sex offender who is convicted of any offense specified in
this chapter, in addition to any imprisonment or fine, or both, and in addition to any other
fees, costs, and assessments, imposed for the commission of the underlying offense, shall
be punished by a fine of two hundred fifty dollars ($250). (b) The fines collected in subsection
(a) shall be distributed as follows: (1) Fifty dollars ($50) to the Highway Traffic Safety
Fund in the Alabama State Law Enforcement Agency. (2) Twenty-five dollars ($25) to the Circuit
Clerk's Restitution Recovery Fund. (3) Twenty-five dollars ($25) to the State General Fund.
(4) Fifty dollars ($50) to the District Attorney's Fund or the fund prescribed by law for
district attorney fees. (5) Fifty dollars ($50) to the Office of Prosecution Services for
the Alabama Computer Forensics Labs. (6) Fifty dollars ($50) to the law enforcement agency
who requested the warrant subject to the following: a. If the warrant was...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit court or district court in
a circuit in which a pretrial diversion program has been created pursuant to this division
may apply to the district attorney of the circuit for admittance to the program. (b) A person
charged with any of the following offenses may apply for the pretrial diversion program: (1)
A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211,
trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing
controlled substances in the first degree as provided in Section 13A-12-218, or trafficking
in an analog controlled substance. (2) A property offense. (3) An offense that does not involve
serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible
compulsion or incapacity of a victim. (4) A misdemeanor or...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall be
for a definite term of imprisonment, which imprisonment includes hard labor, within the following
limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10
years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3) For a Class
C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the
offense is a sex offense pursuant to Section 15-20A-5. (4) For a Class D felony, not more
than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of
Section 15-18-8. (5) For a Class A felony in which a firearm or deadly weapon was used or
attempted to be used in the commission of the felony, or a Class A felony sex offense involving
a child as defined in Section 15-20A-4, not less than 20 years. (6) For a...
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