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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge to
admit the offender into the pretrial diversion program, but prior to entry, the offender shall
enter into a written agreement stating the conditions of the participation of the offender
in the program. The agreement shall include, but not be limited to, all of the following:
(1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to
the tolling, while in the program, of periods of limitations established by statutes or rules
of court. (3) An agreement to the conditions of the program established by the city attorney
(4) If there is a victim of the charged crime, an agreement to the restitution repayment within
a specified period of time and in an amount to be determined by the city attorney taking into
account circumstances of the offender and the victim. (5) A waiver in writing of the right
of the offender to a jury trial. (6) A truthful and complete statement by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.25.htm - 5K - Match Info - Similar pages
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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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.6.htm - 6K - Match Info - Similar pages
30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of a petition
seeking enforcement of a child custody determination, the petitioner may file a verified application
for the issuance of a warrant to take physical custody of the child if the child is imminently
likely to suffer serious physical harm or be removed from this state. (b) If the court, upon
the testimony of the petitioner or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this state, it may issue a warrant to take
physical custody of the child. The petition must be heard within 72 hours after the warrant
is executed unless impossible. In that event, the court shall hold the hearing on the next
judicial day. The application for the warrant must include the statements required by Section
30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts
upon which a conclusion of imminent serious physical harm or...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking of a DNA
sample or samples as specified by the director. Upon the refusal of any such person to so
submit the sentencing court shall order such submission as a mandatory condition of probation.
(c)(1) All persons arrested for any felony offense on or after October 1, 2010, or for any
sexual offense including, but not limited to, those that would require...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-25.htm - 5K - Match Info - Similar pages
12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases
shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention
of children as determined from experience in Alabama and as computed by the Department of
Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or
child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For
the purposes of this section, sexually exploited child shall mean an individual under the
age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected
to sexual exploitation because he or she is any of the following: (1) A victim of the crime
of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged
in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime
of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b)
A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution
as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such
acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there
is a presumption that the child satisfies the definition of a sexually...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-701.htm - 4K - Match Info - Similar pages
15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-175.htm - 7K - Match Info - Similar pages
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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