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45-3-82.45
Section 45-3-82.45 Program requirements. (a) An offender who enters into the pretrial diversion
program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing,
and contingent upon the successful completion of the program, his or her right to a speedy
trial. (2) While in the program, agree, in writing, to the tolling of periods of limitations
by statutes or rules of court. (3) Agree, in writing, to the conditions of the pretrial diversion
program established by the district attorney. (4) If there is a victim of the crime, agree
in writing to pay restitution, if any, due the victim within a specified period of time and
in an amount to be determined by the district attorney taking into account circumstances of
the offender and victim. (b) The district attorney's pretrial diversion program records, along
with the records relating to pretrial diversion programs admission, are confidential records
and shall not be admissible in subsequent proceedings, criminal or...
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45-7-82.25
Section 45-7-82.25 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statute or rules of court. (3) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (4) If there is a
victim of the crime, agree in writing to pay restitution, if any due the victim, within a
specified period of time and in an amount to be determined by the district attorney taking
into account all circumstances of the offender and victim. (5) Voluntarily execute in writing
permission to search and seize illegal contraband or substances. (b) Pretrial diversion program
records, including admission records, are confidential and shall not be...
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13A-6-134
Section 13A-6-134 Arrest without warrant - Determination of predominant aggressor; notice requirements;
liability of officer. (a) If a law enforcement officer receives complaints of domestic violence
from two or more opposing persons, or if both parties have injuries, the officer shall evaluate
each complaint separately to determine who was the predominant aggressor. If the officer determines
that one person was the predominant physical aggressor, that person may be arrested; however,
a person who acts in a reasonable manner to protect himself or herself or another family or
household member from domestic violence may not be arrested for a violation of Section 13A-6-130,
13A-6-131, 13A-6-132, or 13A-6-138. In determining whether a person is the predominant aggressor,
the officer shall consider all of the following: (1) Prior complaints of domestic violence.
(2) The relative severity of the injuries inflicted on each person, including whether the
injuries are offensive versus defensive...
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15-26-1
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device. Whenever
the law requires a defendant in a criminal case to appear before any judge or magistrate for
a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the
discretion of the court, the proceeding may be conducted by an audio-video communication device,
in which case the defendant shall not be required to be physically brought before the judge
or magistrate. The audio-video communication shall enable the judge or magistrate to see and
converse simultaneously with the defendant or other person and operate so that the defendant
and his or her counsel, if any, can communicate privately, and so that the defendant and his
or her counsel are both physically present in the same place during the audio-video communication.
The signal of the audio-video communication shall be transmitted live and shall be secure
from interception through lawful means by anyone other than the...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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26-14-3
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors, physicians,
surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors,
podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers
and officials, peace officers, law enforcement officials, pharmacists, social workers, day
care workers or employees, mental health professionals, employees of public and private institutions
of postsecondary and higher education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance
to any child, when the child is known or suspected to be a victim of child abuse or neglect,
shall be required to report orally, either by telephone or direct communication immediately,
and shall be followed by a written report, to a duly constituted authority. (b)(1) When an
initial report is made to a law enforcement official, the...
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45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) The offender shall
be eligible for and shall sign to have any bond on his or her case where diversion is sought
based on personal recognizance, cash, or a property bond and not a security bond. (2) Voluntarily
waive, in writing, and contingent upon the successful completion of the program, his or her
right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program, of periods
of limitations established by statutes or rules of court. (4) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (5) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district attorney taking into account circumstances
of the offender and victim. (6) A statement by the...
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45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of the periods
of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to
the conditions of the pretrial diversion program established by the prosecutor for the offender.
(4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period
of time and in an amount to be determined by the municipal court taking into account circumstances
of the offender and victim. Any restitution collected under this subsection shall be made
payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written
and signed by the offender, to the municipal prosecutor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.05.htm - 2K - Match Info - Similar pages
12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-133.htm - 7K - Match Info - Similar pages
12-21-166
Section 12-21-166 Confidentiality of communications with clergymen. (a) As used in this section,
unless a contrary meaning is clearly intended from the context in which the term appears,
the following terms have the respective meanings hereinafter set forth and indicated: (1)
CLERGYMAN. Any duly ordained, licensed or commissioned minister, pastor, priest, rabbi or
practitioner of any bona fide established church or religious organization and shall include
and be limited to any person who regularly, as a vocation, devotes a substantial portion of
his time and abilities to the service of his respective church or religious organization.
(2) LEGAL OR QUASI-LEGAL PROCEEDINGS. Any proceeding, civil or criminal, in any court, whether
a court of record, a grand jury investigation, a coroner's inquest and any proceeding or hearing
before any public officer or administrative agency of the state or any political subdivision
thereof. (b) If any person shall communicate with a clergyman in his...
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