Code of Alabama

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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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38-9A-1
Section 38-9A-1 Definitions. As used in this chapter, the following definitions shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (a)
ADULT. An individual 18 years of age or older with a developmental disability. (b) AGENCY.
Any public state agency, including, but not limited to, the Department of Mental Health, Department
of Public Health, and Department of Education. (c) CHILD. An individual under the age of 18
who has a developmental disability or who is at risk for a developmental disability. A child
under the age of six is considered at risk for a developmental disability if the child has
substantial developmental delay or specific congenital or acquired condition that has a high
probability of resulting in a developmental disability if services are not provided. (d) COMMUNITY
COUNCIL. A local council composed of people with a developmental disability and their family
members who supervise the implementation of the program in its...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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16-26D-5
Section 16-26D-5 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The board of trustees
may perform the following functions: (1) Accept donations, bequests, or other forms of financial
assistance for educational purposes from any public or private person or agency and comply
with rules and regulations governing grants from the federal government or from any other
person or agency, which are not in contravention of the constitution and laws. (2) Purchase
or lease real estate and equipment and make improvements to facilities necessary for the use
of the school, in accordance with applicable law. (3) Lease land or other property belonging
to the board of trustees or to the school. (4) Sell or exchange land or other real property
not needed for school purposes, but only when specifically authorized by law and then only
in accordance with the procedures provided for the sale of unused...
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22-52-10.8
Section 22-52-10.8 Order for involuntary commitment for inpatient treatment to be entered into
Criminal Justice Information System and NICS; redaction of order upon removal of limitation
to purchase firearm. (a) When the judge of probate of a county enters an order for the involuntary
commitment of a person pursuant to Section 22-52-10.1, and the order is for a final commitment
for inpatient treatment to the Department of Mental Health or a Veterans' Administration hospital,
or as otherwise provided by law, the judge shall immediately forward the order to the Alabama
Law Enforcement Agency and the order shall be entered in its information systems. The order
shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama Justice
Information Center Commission shall provide. The Alabama Law Enforcement Agency shall as soon
as possible thereafter enter the order in the National Instant Criminal Background Check System
(NICS) and the information shall be entered into...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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36-18-21
Section 36-18-21 Definitions. As used in this article, the following words, phrases or terms
shall have the following meanings, respectively unless the context thereof clearly indicates
otherwise: (a) DIRECTOR. Shall mean the Director of the Alabama Department of Forensic Sciences.
(b) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated
association, a partnership, a government or a governmental instrumentality. (c) DNA. Deoxyribonucleic
acid. (d) DNA SAMPLE. Any biological sample containing DNA. (e) DNA RECORD. An objective form
of scientific analysis or tests which contain genetic identification characteristics of DNA
samples. (f) DNA POPULATION FREQUENCY. The frequency of occurrence of a particular DNA trait
or fragment in a particular population. (g) DNA DATABASE. That system established by the Director
of the Alabama Department of Forensic Sciences for the purposes of collecting, storing and
maintaining DNA records. (h) DNA POPULATION...
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22-50-11
Section 22-50-11 Department - Additional and cumulative powers. The Department of Mental Health
is given hereby the following additional and cumulative powers through its commissioner: (1)
It is authorized and directed to set up state plans for the purpose of controlling and treating
any and all forms of mental and emotional illness and any and all forms of mental retardation
and shall divide the state into regions, districts, areas or zones, which need not be geographic
areas, but shall be areas for the purpose of establishing priorities and programs and for
organizational and administrative purposes in accordance with these state plans. (2) It is
designated and authorized to supervise, coordinate, and establish standards for all operations
and activities of the state related to mental health and the providing of mental health services;
and it is authorized to receive and administer any funds available from any source for the
purpose of acquiring building sites for, constructing,...
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