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12-23-12
Section 12-23-12 Court referral officer assessment fee. In addition to the imposition of any
other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult
or adjudicated a youthful offender or juvenile delinquent based on the offense of driving
under the influence or other alcohol or drug related offenses as defined in this chapter shall
be ordered by the court to pay an alcohol and drug abuse court referral officer assessment
fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme
Court. Such additional assessment fee shall be collected by the court referral officer by
the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and
Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, ยง12.)...
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15-20A-16
Section 15-20A-16 Adult sex offender - Contact with former victims. (a) No adult sex offender
shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic
means, any former victim. (b) No adult sex offender shall knowingly come within 100 feet of
a former victim. (c) No sex offender shall make any harassing communication, directly or indirectly,
in person or through others, by phone, mail, or electronic means to the victim or any immediate
family member of the victim. (d) A petition to exclude an adult sex offender from the requirements
of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance
with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall
exclude an adult sex offender from the provisions of this section provided that: (1) The victim
appears in court at the time of the hearing and requests the exemption in writing in open
court. (2) The court finds by clear and...
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15-20A-40
Section 15-20A-40 Public records - Certified copies of adjudication or conviction. (a) It is
the intent of the Legislature that a duplicate of a certified copy of a public record be admissible
and is not dependent on the original custodian of record to gain admissibility. Further, the
Legislature finds that the certification by the clerk of the court and the certification by
the Alabama State Law Enforcement Agency assures reliability and trustworthiness. (b) The
clerk of the court shall forward a certified copy of a sex offender's adjudication or conviction
to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication
or conviction of any of the offenses listed in Section 15-20A-5. (c) Any state, county, or
municipal law enforcement agency, the Attorney General, or a district attorney may request
a duplicate of the sex offender's adjudication or conviction from the Alabama State Law Enforcement
Agency. (d) Upon the request of any of the agencies...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided
in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former
15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended,
waived, or suspended by any court. Any court order altering, amending, waiving, or suspending
sex offender registration and notification requirements, except as provided in Sections 15-20A-5,
15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall
be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief
from any provisions of this chapter to any sex offender unless all three of the following
conditions are met: (1) At the time of the commission of the sex offense, the sex offender
was less than five years older than the victim. (2) At the time of the commission of the sex
offense, the victim was 13 years of age or older. (3) The sex...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition of
additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the violation
of laws of the state or municipal ordinances which are tried in any court or tribunal in this
state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile
delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture
is a final disposition of the case or wherein any penalty is imposed, there is imposed an
additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten
dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation
of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each
proceeding where the offense constitutes a felony , but there shall be no additional costs
imposed for violations relating to parking of vehicles. The...
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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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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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12-26-1
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following
meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically
imposed by operation of state law or rule that limits or prohibits an individual convicted
of a crime from obtaining occupational licensing, certification, or other evidence of qualification
necessary to engage in a particular occupation. The term does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court,
or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification
Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an
individual convicted of a crime serves time in the jurisdictional custody of the state, including,
but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER
OF THE LIMITED RELIEF or ORDER. An order concerning...
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