Code of Alabama

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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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12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of
a pretrial diversion program established under this division, and the offender's participation
is terminated, as an alternative to the imposition of a prison sentence, an offender who has
violated the terms and conditions of a pretrial diversion program may be placed under the
supervision of an existing community corrections program, or other alternative diversionary
program, provided that the supervision is consistent with public safety and the best interests
of the offender in furtherance of his or her treatment and rehabilitation in the community.
(2) The court and the offender shall be given written notice of the intent of the district
attorney to terminate the offender from the pretrial diversion program including the reason
for the termination. If the offender is unavailable for notice or has absconded, the district
attorney may provide notice of termination from the pretrial diversion...
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16-25-11.9
Section 16-25-11.9 Purchase of credit for employment as court reporters, school support personnel,
or local mental health authority workers. (a) Any active and contributing member of the Teachers'
Retirement System of Alabama who, prior to October 1, 1993, was a regular full-time employee
as an official court reporter with a circuit court in the state or a full-time employee of
a local mental health authority or school support personnel, shall be eligible to receive
credit for such employment provided that the member claiming the credit shall have worked
not less than 10 consecutive years as an official court reporter, and complies with the conditions
prescribed in subsection (b). (b) A member eligible under subsection (a) may receive credit
for regular, full-time employment rendered as an official court reporter with a circuit court
in the state or service rendered to a local mental health authority provided that as conditions
precedent to the receipt of credit: (1) The member...
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45-35-232.23
Section 45-35-232.23 Purpose; Houston County Work Release and Pretrial Release Fund. (a) The
purpose of this subpart is to promote the rehabilitation of offenders and, insofar as possible,
to provide for the Houston County Temporary and Work Release and Pretrial Program and to make
the program self-supporting. (b) A person released from jail for work release, as a condition
to being released pursuant to this subpart, shall pay to the county a sum equal to 30 percent
of his or her gross earnings earned while so released. The court having jurisdiction of the
case, as a condition to releasing a prisoner, may require that the inmate prisoner establish
a payroll deduction for the payment of any sums due. All sums collected, whether by payroll
deduction or otherwise, shall be paid over to and collected by the Houston County Commission
and deposited to a separate fund designated the Houston County Work Release and Pretrial Release
Fund. (c) If a person violates the terms and conditions set...
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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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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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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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41-9-74
Section 41-9-74 Board to pay judgments against Board of Corrections officials; limitations,
exceptions, etc. (a) As part of the consideration of the employment or appointment of the
Commissioner of the Board of Corrections, deputy commissioners of the Board of Corrections,
members of the Board of Corrections and other officers, employees and agents of the Board
of Corrections, whether part-time or full-time, the Board of Adjustment shall pay all final
judgments awarded in courts of competent jurisdiction against the aforesaid commissioner,
deputy commissioners, members of the Board of Corrections, officers, employees and agents,
for acts arising out of and performed in connection with their official duties in behalf of
the State of Alabama, except to the extent that such coverage may be provided by an insurance
carrier. (b) Payment shall be limited to a maximum of $100,000.00 for all claims arising out
of the same act. (c) No part of this section shall be admissible evidence in any...
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10A-8A-8.03
Section 10A-8A-8.03 Right to wind up business or not for profit activity. (a) If a dissolved
partnership has a partner or partners that have not dissociated, that partner or those partners
shall wind up the business or not for profit activity of the partnership and shall have the
powers set forth in Section 10A-8A-8.04. A person whose dissociation as a partner resulted
in the dissolution of the partnership may participate in the winding up as if still a partner,
unless the dissociation was wrongful. (b) If a dissolved partnership does not have a partner
and no person has the right to participate in winding up under subsection (a), the personal
or legal representative of the last person to have been a partner may wind up the partnership's
business or not for profit activity. If the representative does not exercise that right, a
person to wind up the partnership's business or not for profit activity may be appointed by
the affirmative vote or consent of transferees owning a majority of...
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17-10-2
Section 17-10-2 Provisional ballots; certification; tabulation; identification of ballots.
(a) A voter shall be required to cast a provisional ballot when: (1) The name of the individual
does not appear on the official list of eligible voters for the precinct or polling place
in which the individual seeks to vote, and the individual's registration cannot be verified
while at the polling place by the registrar or the judge of probate. (2) An inspector has
knowledge that the individual is not entitled to vote at that precinct and challenges the
individual. (3) The individual is required to comply with the voter identification provisions
of Section 17-10-1 but is unable to do so. If the voter's ballot becomes a provisional ballot
due to lack of identification, the identification, including the address and telephone number
of the voter, must be provided to the board of registrars no later than 5:00 p.m. on the Friday
following the election. If the voter fails to provide identification to...
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