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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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45-2-120.08
Section 45-2-120.08 Personnel Appeals Board. (a) There shall be established the Baldwin County
Personnel Appeals Board. The board shall hear all appeals from final action as requested by
an affected employee. (b) The Baldwin County Personnel Appeals Board shall be composed of
five persons who are residents of the county. The members of the board shall be appointed
as follows: Two members shall be appointed by the county commission, two members shall be
selected by the classified employees using the procedure provided in this section. The fifth
member shall be selected by the other four members of the board within 30 days after the four
members of the board are selected and take office. In the event the four members of the board
cannot agree on a fifth member within 30 days, then the fifth member shall be selected as
follows: The members appointed by the county commission shall nominate one person and the
members selected by the classified employees shall nominate one person. From these...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
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31-2-89
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants,
etc.; actions against officers or enlisted men for acts performed in line of duty; defense
of actions against present or former members of National Guard at state expense. No action
or proceedings shall be prosecuted or maintained against a member of a military court or officer
or person acting under its authority or reviewing its proceedings on account of the approval
or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate
of a military court, nor shall any officer or enlisted man be liable to civil action or criminal
prosecution for any act done while in the discharge of his military duty, which act was done
in the line of duty. If a civil action shall be commenced in any court by any person against
any present or former member of the National Guard of this state for any act done by such
present or former member while on any duty under this chapter, or...
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31-2A-58a
Section 31-2A-58a (Article 58a.) Sentences: Reduction in enlisted grade upon approval. (a)
A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the
convening authority, that includes either a bad-conduct discharge or confinement reduces that
member to pay grade E-1, effective on the date of that approval. (b) If the sentence of a
member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as
finally approved, does not include any punishment named in subsection (a), the rights and
privileges of which the person was deprived because of that reduction shall be restored, including
pay and allowances. (Act 2012-334, p. 790, §1.)...
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31-2A-17
Section 31-2A-17 (Article 17.) Jurisdiction of courts-martial in general. Each component of
the Alabama National Guard has court-martial jurisdiction over all members of the particular
component who are subject to this code. The Adjutant General maintains court-martial convening
authority over members of either component subject to this code. (Act 2012-334, p. 790, §1;
Act 2017-260, §1.)...
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31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been signed
as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions
unless the military judge or summary court-martial officer hearing the case or, if the case
is not being heard, an authority competent to convene a court-martial for the trial of those
charges forbids it for good cause. (b) The party at whose instance a deposition is to be taken
shall give to every other party reasonable written notice of the time and place for taking
the deposition. (c) Depositions may be taken before and authenticated by any military or civil
officer authorized by the laws of the state or by the laws of the place where the deposition
is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice
to the other parties, so far as otherwise admissible under the rules of evidence, may be read
in evidence or, in the case of audiotape, videotape, digital image...
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31-2A-63
Section 31-2A-63 (Article 63.) Rehearings. Each rehearing under this code shall take place
before a court-martial composed of members not members of the court-martial which first heard
the case. Upon a rehearing the accused may not be tried for any offense of which he or she
was found not guilty by the first court-martial, and no sentence in excess of or more severe
than the original sentence may be approved, unless the sentence is based upon a finding of
guilty of an offense not considered upon the merits in the original proceedings, or unless
the sentence prescribed for the offense is mandatory. If the sentence approved after the first
court-martial was in accordance with a pretrial agreement and the accused at the rehearing
changes a plea with respect to the charges or specifications upon which the pretrial agreement
was based, or otherwise does not comply with the pretrial agreement, the approved sentence
as to those charges or specifications may include any punishment not in...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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