Code of Alabama

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30-4-56
Section 30-4-56 Offense deemed committed in county where wife or children present; extradition
of defendant from another state or county. Any offense under this article shall be held to
have been committed in any county in which such wife, child or children may be at the time
such complaint is made. Whenever the judge within whose jurisdiction an offense under this
article is alleged to have been committed shall, after an investigation of the facts and circumstances
thereof, certify that, in his opinion, the charge is well founded and the case a proper one
for extradition, or in any case, if the cost of extradition is borne by the parties interested
in the case, the person charged with having left the state with the intention of evading the
terms of his probation, or of abandoning or deserting his wife, child or children shall be
apprehended and brought back to the county having jurisdiction of the case, in accordance
with the law providing for the apprehension and return to this state...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate Corrections
Compact is hereby enacted into law and entered into by the State of Alabama with any and all
states legally joining therein, in accordance with its terms, in the form substantially as
follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states, desiring
by common action to fully utilize and improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs
on a basis of cooperation with one another, thereby serving the best interests of such offenders
and of society and effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and execution of such programs
of cooperation for the confinement, treatment and...
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12-15-215
Section 12-15-215 Disposition of delinquent children or children in need of supervision generally.
(a) If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that a child committed the acts by reason of which the child
is alleged to be delinquent or in need of supervision, it may proceed immediately to hear
evidence as to whether the child is in need of care or rehabilitation and to file its findings
thereon. In the absence of evidence to the contrary, a finding that the child has committed
an act which constitutes a felony is sufficient to sustain a finding that the child is in
need of care or rehabilitation. If the juvenile court finds that the child is not in need
of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any
detention or other temporary care theretofore ordered. If the juvenile court finds that the
child is in need of care or rehabilitation, it may make any of the...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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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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15-18-175
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...
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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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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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31-2A-7
Section 31-2A-7 (Article 7.) Apprehension. (a) Apprehension is the taking of a person into
custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C., or by
regulations issued under either, to apprehend persons subject to this code, any marshal of
a court-martial appointed pursuant to the provisions of this code, and any peace officer or
civil officer having authority to apprehend offenders under the laws of the United States
or of a state, may do so upon probable cause that an offense has been committed and that the
person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels, frays, and disorders among
persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) If an offender is apprehended outside the state, the offender's return to the area must
be in accordance with normal extradition procedures or by reciprocal...
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