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Section 15-18-5 - Credit Towards Sentence for Time Spent Incarcerated - Pending Trial. - (a) Upon conviction and imprisonment for any felony or misdemeanor,...
Section 15-18-6 - Credit Towards Sentence for Time Spent Incarcerated - Time Between Recapture and Return to Penal System for Recaptured Escapees. - An escapee from a state penal institution who is recaptured...
Section 15-18-7 - Applicability of Sections 15-18-5 and 15-18-6 to Prisoners Presently Incarcerated. - Sections 15-18-5 and 15-18-6 shall be applicable to any prisoner...
Section 15-18-8 - Terms of Confinement, etc.; Probation. - (a) When a defendant is convicted of an offense, other...
Section 15-18-8.1 - Rules and Regulations. - Any and all rules and regulations issued by the Commissioner...
Section 15-18-9 - Penalties for Persons Previously Convicted of Felonies. - In all cases when it is shown that a criminal...
Article 2 - Punishment Fixed by Court.
Section 15-18-21 - Offense Punishable by Imprisonment in County Jail. - When an offense is punishable by imprisonment in the county...
Article 4 - Costs and Fines.
Section 15-18-60 - When Prosecutor Liable for Costs. - When an indictment is for a misdemeanor and the court...
Section 15-18-61 - Confession of Judgment by Prosecutor for Costs. - When the costs are imposed on the prosecutor, he may...
Section 15-18-62 - Imprisonment for Failure to Pay Fines and Costs. - In cases of willful nonpayment of the fine and costs,...
Section 15-18-63 - Imposition of Additional Hard Labor to Pay Costs; When Defendant Discharged. - Repealed by Act 2002-415, p. 1060, §2, effective April 17,...
Section 15-18-64 - Court to Retain Jurisdiction for Purposes of Collecting Court-Ordered Fines, Fees, Costs, or Restitution. - (a) In every instance, the court shall retain jurisdiction of...
Article 4A - Restitution to Victims of Crimes.
Section 15-18-65 - Legislative Findings; Purpose and Construction of Article. - The Legislature hereby finds, declares and determines that it is...
Section 15-18-66 - Definitions. - As used in this article, the following words and terms...
Section 15-18-67 - Restitution Hearing; Order of Restitution; Persons Entitled to Be Heard. - When a defendant is convicted of a criminal activity or...
Section 15-18-68 - Criteria for Determining Restitution. - (a) In determining the manner, method, or amount of restitution...
Section 15-18-69 - Objections to Order; Statement of Findings. - At such restitution hearings, the defendant, the victim, the district...
Section 15-18-70 - Method of Payment of Restitution; Payment as Condition of Sentence Suspension or Probation. - When a defendant is sentenced or ordered to make restitution,...
Section 15-18-71 - Enforceability of Order When Defendant Imprisoned; Condition of Parole. - When a defendant is sentenced to a term of imprisonment,...
Section 15-18-72 - Effect of Default by Defendant With Suspended Sentence, on Probation or on Parole. - (a) When a defendant whose sentence has been suspended and...
Section 15-18-73 - Restitution by Corporation, Partnership, etc.; Default as Forfeiture of Right to Do Business. - When an order of restitution is imposed upon a defendant...
Section 15-18-74 - Supervision of Parolee's Restitution. - Whenever an offender in the custody of the Department of...
Section 15-18-75 - Civil Action by Victim of Crime; Credit for Restitution Paid. - Nothing in this article limits or impairs the right of...
Section 15-18-76 - Restitution Centers - Establishment and Operation; Cooperation of Counties and Municipalities. - (a) The county commissions of several counties and the governing...
Section 15-18-77 - Restitution Centers - Services; Powers of Board of Pardons and Paroles, Counties and Municipalities. - The State Board of Pardons and Paroles, the county commissions...
Section 15-18-78 - Effect of Restitution Order; Rights of Victim, etc.; Section Cumulative and in Pari Materia With Other Statutes. - (a) A restitution order in a criminal case shall be...
Article 5 - Death Penalty.
Section 15-18-80 - Issuance and Delivery of Warrant for Execution; Delivery of Condemned Person; Return of Receipt; Compensation of Sheriff. - (a) Whenever any person is sentenced to death, the clerk...
Section 15-18-81 - Confinement Until Execution; Certain Persons May Visit Condemned Person. - Upon the receipt of a condemned person by the warden...
Section 15-18-82 - When, Where, and by Whom Executions Conducted. - (a) Where the sentence of death is pronounced against a...
Section 15-18-82.1 - Methods of Execution; Election of Method; Constitutionality. - (a) A death sentence shall be executed by lethal injection,...
Section 15-18-83 - Persons Who May Be Present at Execution. - (a) The following persons may be present at an execution...
Section 15-18-84 - Rearrest and Execution of Person Escaping Before Execution. - (a) If a condemned person escapes after sentence and before...
Section 15-18-85 - Return of Execution Warrant, Certificate and Statements; Payment for Transportation of Body. - (a) When execution of sentence is suspended or respited to...
Section 15-18-86 - Procedure When Condemned Female Believed Pregnant. - (a) If there is reason to believe that a female...
Article 6 - Stay of Execution.
Section 15-18-100 - Postponing Execution of Sentence Pending Commutation or Pardon. - When any defendant is convicted and sentenced to death or...
Article 7 - Inmate Community Reintegration Program.
Section 15-18-110 - Short Title. - The short title of this article is "The Inmate Community...
Section 15-18-111 - Definitions. - As used in this article, the following words and phrases...
Section 15-18-112 - Extension of Limits of Confinement Authorized. - In order to provide for the individual supervision and placement...
Section 15-18-113 - Eligibility. - The department may adopt regulations as to the eligibility of...
Section 15-18-114 - Investigation by Department Regarding Inmate Suitability; Notice Required; Objections. - Employees of the department are authorized to make investigations and...
Section 15-18-115 - Restitution; Schedule of Payment; Disposition of Unclaimed, etc., Funds. - When an inmate is placed in the Supervised Intensive Restitution...
Section 15-18-116 - Forty-Hour Workweek Required. - Each inmate participating in the program shall participate in a...
Section 15-18-117 - Supervision Charge Authorized. - The department is authorized to charge each inmate participating in...
Section 15-18-118 - Legal Status of Inmate Involved in Free Community, Etc. - No inmate granted privileges under the provisions of this article...
Section 15-18-119 - Annual Report Required. - The commissioner shall prepare an annual report to be filed...
Section 15-18-120 - Commissioner Required to Promote Public Understanding of Program, Etc. - The commissioner shall promote public understanding of the provisions of...
Section 15-18-121 - Penalty for Failure to Remain Within Limits of Confinement, Etc. - The willful failure of an inmate to remain within the...
Section 15-18-122 - Exemption of Program From Administrative Procedure Act. - The Supervised Intensive Restitution (SIR) program is hereby exempted from...
Section 15-18-123 - Legislative Review Authorized. - The provisions of this article, and the activities herein authorized,...
Article 8 - Alabama Restitution Withholding.
Section 15-18-140 - Short Title. - This article shall be known as and may be cited...
Section 15-18-141 - Legislative Findings, Etc. - The Legislature hereby finds, determines and declares that the right...
Section 15-18-142 - Definitions. - Unless the context clearly requires otherwise or unless different meanings...
Section 15-18-143 - Employment Income Withholding Order - Generally. - (a)(1) Any provision of Section 8-5-21, or any other law...
Section 15-18-144 - Employment Income Withholding Order - Assets of Defendant to Be Withheld or Attached. - (a) Any provision of any law of this state to...
Section 15-18-145 - Employment Income Withholding Order - Nature of Order. - Any order issued pursuant to the provisions of this article...
Section 15-18-146 - Employment Income Withholding Order - Service. - (a) A copy of any order issued pursuant to the...
Section 15-18-147 - Employment Income Withholding Order - Receipt and Disposition of Income, Etc. - When any court order issued pursuant to the provisions of...
Section 15-18-148 - Employment Income Withholding Order - Penalty for Noncompliance. - Any person who willfully refuses to comply with any court...
Section 15-18-149 - Employment Income Withholding Order - Person Complying Protected From Actions for Wrongful Conversion, Etc. - Any person who complies with any order or other process...
Section 15-18-150 - Employment Income Withholding Order - Priority. - Any order issued pursuant to the provisions of this article...
Section 15-18-151 - Employment Income Withholding Order - Alteration, Modification, Etc. - Any court order issued pursuant to the provisions of this...
Article 9 - Community Punishment and Corrections.
Section 15-18-170 - Short Title. - This article shall be known as the "Alabama Community Punishment...
Section 15-18-171 - Definitions. - As used in this article, the following terms shall have...
Section 15-18-171.1 - Community Corrections Division. - The Community Corrections Division is created in the Department of...
Section 15-18-172 - Establishment of Program; Funding; Rules and Regulations; Participation in Program; Alternatives. - (a) A county or group of counties may establish a...
Section 15-18-173 - Goals. - The goals of the community punishment and corrections act are:...
Section 15-18-174 - Powers, Duties, Authority of Department. - In addition to those otherwise provided by law, the department...
Section 15-18-175 - Eligibility; Exclusion; Sentencing. - (a) An offender who meets one of the following minimum...
Section 15-18-176 - Submission and Format of Plan; Application Process and Procedures; Participation Voluntary. - (a) A community punishment and corrections plan shall be developed...
Section 15-18-177 - Drafting of Plan. - The proposed community punishment and corrections plan may be drafted...
Section 15-18-178 - Eligibility for Contracts or Grants; Common Facilities and Cost Sharing. - (a) Any county program or authority formed by one or...
Section 15-18-179 - Application for Incorporation; Certificate of Incorporation; Amendment; Board of Directors; Dissolution; Funding; Competitive Bidding Laws Not Applicable. - (a) A public corporation may be organized as a community...
Section 15-18-180 - Funding for Community-Based Programs, Facilities, Services; User Fees; Inmate Wages. - (a) Community punishment and corrections funds may be used to...
Section 15-18-180.1 - Utilization of Faith-Based or Nonprofit Treatment Services. - In addition to facilities utilizing evidence-based practices, a sentencing court...
Section 15-18-181 - Administrative Costs; Uniform Accounting System; Reports and Records Audited Annually. - (a) Administrative costs connected with the expenditures of community punishment...
Section 15-18-182 - Eligibility for Continued Grant Funding; Additional Incentive Funding; Noncompliance With Plan. - (a) In order to remain eligible for continued grant funding,...
Section 15-18-183 - Recovery of Damages; Exemption From Civil Liability. - The recovery of damages under any judgment or judgments against...
Section 15-18-184 - Authority to Maintain General Liability Insurance. - An authority or nonprofit entity contracting with the department under...
Section 15-18-185 - Inmate With Medical Condition in Which Treatment Exceeds $2,000 to Be Transferred to Department. - In the event a state inmate, as defined in this...
Section 15-18-186 - State-County Community Corrections Partnership Fund. - (a) There is created the State-County Community Corrections Partnership Fund...
Article 10
Section 15-18-200 - Motion by Persons Convicted of Capital Offense for Forensic DNA Testing and Analysis. - (a) An individual convicted of a capital offense who is...
Chapter 19 - Youthful Offenders.
Section 15-19-1 - Investigation and Examination by Court to Determine How Tried; Consent of Minor to Trial Without Jury; Arraignment as Youthful Offender; Notice and Hearing. - (a) A person charged with a crime which was committed...
Section 15-19-2 - Investigations for Court by Probation Officers. - It shall be the duty of all probation officers of...
Section 15-19-3 - Trial - Sessions to Be Separate From Adult Trials. - The trial of youthful offenders and proceedings involving them shall...
Section 15-19-4 - Trial - Without Jury. - If a defendant does not plead guilty, the trial of...
Section 15-19-5 - Inadmissibility of Examination and Investigation Statements, Admissions and Confessions; Consideration of Statements, etc., at Time of Sentencing. - No statement, admission or confession made by a defendant to...
Section 15-19-6 - Disposition Upon Adjudication. - (a) If a person is adjudged a youthful offender and...
Section 15-19-7 - Effect of Determination; Access to Records of Youthful Offender. - (a) No determination made under the provisions of this chapter...
Chapter 20 - Sex Offenders.
Article 1 - Sex Offenders Reporting Requirements.
Section 15-20-1 - Applicability of Chapter. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-2 - Law Enforcement Officers to Report Arrests to Department of Public Safety. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-3 - Courts to Forward Records of Convictions to Director of Public Safety. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-4 - Failure to Report Arrest or Conviction. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-5 - Reported Information to Be Recorded and Indexed by Department of Public Safety; Information Available to Law Enforcement Officers, Etc. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Article 2 - Community Notification of Released Convicted Sex Offenders.
Section 15-20-20 - Title of Article. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-20.1 - Legislative Findings. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-21 - Definitions. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-22 - Adult Criminal Sex Offender - Requirements Prior to Release. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-23 - Adult Criminal Sex Offender - Transfer and Establishment of Legal Residence. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-23.1 - Adult Criminal Sex Offender - Notice of Intent to Change Place of Employment. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-24 - Adult Criminal Sex Offender - Verification of Residence. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-25 - Adult Criminal Sex Offender - Community Notification Procedures. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-25.1 - Adult Criminal Sex Offender - Registration by Nonresident Workers and Students. - Repealed by Act 2011-640, §49, effective July 1, 2011.
Section 15-20-25.2 - Adult Criminal Sex Offender - Notice of Employment, Enrollment, etc., at School or Institution of Higher Education. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-25.3 - Sexually Violent Predator. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-26 - Adult Criminal Sex Offender - Prohibited Residence Locations, Etc. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-26.1 - Adult Criminal Sex Offender - Electronic Monitoring. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-26.2 - Adult Criminal Sex Offender - Documentation of Identity. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-27 - Juvenile Criminal Sex Offender - Treatment; DNA Sample. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-28 - Juvenile Criminal Sex Offender - Risk Assessment; Notification. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-29 - Juvenile Criminal Sex Offender - Requirements Prior to Release. - Repealed by Act 2011-640, §49, effective July 1, 2011.
Section 15-20-30 - Juvenile Criminal Sex Offender - Verification of Residence. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-31 - Juvenile Criminal Sex Offender - When Treated as Adult. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-32 - Procedures Upon Escape of Criminal Sex Offender. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-33 - Exemptions From Article. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-34 - Victim Assistance. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-35 - Disclosure of Information. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-36 - Name Change of Offender. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-37 - Construction. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Section 15-20-38 - Rules and Regulations. - Repealed by Act 2011-640, p. 1569, §49, effective July 1,...
Chapter 20A - Alabama Sex Offender Registration and Community Notification Act.
Section 15-20A-1 - Short Title. - This chapter shall be known and may be cited as...
Section 15-20A-2 - Legislative Findings. - The Legislature makes all of the following findings: (1) Registration...
Section 15-20A-3 - Applicability. - (a) This chapter is applicable to every adult sex offender...
Section 15-20A-4 - Definitions. - For purposes of this chapter, the following words shall have...
Section 15-20A-5 - Sex Offenses. - For the purposes of this chapter, a sex offense includes...
Section 15-20A-6 - Allegation of Sexual Motivation. - (a)(1) The indictment, count in the indictment, information, complaint or...
Section 15-20A-7 - Registration Information - Required. - (a) The following registration information, unless otherwise indicated, shall be...
Section 15-20A-8 - Registration Information - Public Registry Website. - (a) All of the following registration information shall be provided...
Section 15-20A-9 - Adult Sex Offender - Requirements Prior to Release. - (a) At least 30 days prior to release, or immediately...
Section 15-20A-10 - Adult Sex Offender - Registration With Local Law Enforcement; Residence Restrictions. - (a)(1) Immediately upon release from incarceration, or immediately upon conviction...
Section 15-20A-11 - Adult Sex Offender - Prohibited Residence Locations, Etc. - (a) No adult sex offender shall establish a residence or...
Section 15-20A-12 - Adult Sex Offender - Homelessness. - (a) An adult sex offender who no longer has a...
Section 15-20A-13 - Adult Sex Offender - Employment Restrictions. - (a) No adult sex offender shall accept or maintain employment...
Section 15-20A-14 - Adult Sex Offender - Requirements Upon Entering State. - (a) Any adult sex offender who declares he or she...
Section 15-20A-15 - Adult Sex Offender - Travel. - (a) Immediately before an adult sex offender temporarily leaves his...
Section 15-20A-16 - Adult Sex Offender - Contact With Former Victims. - (a) No adult sex offender shall contact, directly or indirectly,...
Section 15-20A-17 - Adult Sex Offender - Loitering in Certain Areas; Requirements for Entering K-12 School Property or Attending K-12 School Events. - (a)(1) No adult sex offender, after having been convicted of...
Section 15-20A-18 - Adult Sex Offender - Identification Requirements. - (a) Every adult sex offender who is a resident of...
Section 15-20A-19 - Adult Sex Offender - Sexually Violent Predator. - (a) The state, upon conviction and prior to sentencing, may...
Section 15-20A-20 - Adult Sex Offender - Electronic Monitoring. - (a) The Alabama State Law Enforcement Agency shall implement a...
Section 15-20A-21 - Adult Sex Offender - Community Notification. - (a) Immediately upon the release of an adult sex offender...
Section 15-20A-22 - Adult Sex Offender - Registration Fee. - (a) An adult sex offender shall pay a registration fee...
Section 15-20A-23 - Adult Sex Offender - Relief From Residency Restriction. - (a) A sex offender required to register under this chapter...
Section 15-20A-24 - Adult Sex Offender - Relief From Registration and Notification. - (a) At disposition, sentencing, upon completion of probation, or upon...
Section 15-20A-25 - Adult Sex Offender - Relief From Employment Restriction. - (a) A sex offender may petition at sentencing, or if...
Section 15-20A-26 - Juvenile Sex Offender - Treatment; Risk Assessment. - (a) Upon adjudication of delinquency for a sex offense, a...
Section 15-20A-27 - Juvenile Sex Offender - Community Notification. - (a) In determining whether to apply notification requirements to a...
Section 15-20A-28 - Juvenile Sex Offender - Lifetime Registration and Notification. - (a) A juvenile adjudicated delinquent of any of the following...
Section 15-20A-29 - Juvenile Sex Offender - Requirements Prior to Release. - (a) Prior to the release of a juvenile sex offender,...
Section 15-20A-30 - Juvenile Sex Offender - Registration With Local Law Enforcement; Residence Restrictions. - (a) Immediately upon release or immediately upon adjudication of delinquency...
Section 15-20A-31 - Juvenile Sex Offender - Employment Restrictions. - (a) During the time a juvenile sex offender is subject...
Section 15-20A-32 - Juvenile Sex Offender - Requirements Upon Entering State. - (a) A juvenile sex offender or youthful offender sex offender,...
Section 15-20A-33 - Juvenile Sex Offender - Retention of Court Records. - Notwithstanding any other provision of law, the court records of...
Section 15-20A-34 - Juvenile Sex Offender - Relief From Lifetime Registration Requirements. - (a) A juvenile sex offender subject to lifetime registration pursuant...
Section 15-20A-35 - Youthful Offender Treated as Juvenile or Adult. - For the purposes of this chapter, a youthful offender sex...
Section 15-20A-36 - Name Change of Offender. - (a) No sex offender shall change his or her name...
Section 15-20A-37 - Failure to Register; Absconding. - (a) When a sex offender declares, and the county is...
Section 15-20A-38 - Escape From Correctional Facility. - (a) If a sex offender escapes from a state or...
Section 15-20A-39 - Harboring, Assisting, Concealing, or Withholding Information About a Sex Offender. - (a) A person is guilty of the crime of harboring,...
Section 15-20A-40 - Public Records - Certified Copies of Adjudication or Conviction. - (a) It is the intent of the Legislature that a...
Section 15-20A-41 - Victim Assistance. - (a) After a sex offender's conviction or adjudication, and upon...
Section 15-20A-42 - Collection and Dissemination of Information by Alabama State Law Enforcement Agency. - (a) Any jurisdiction or agency responsible for registering a sex...
Section 15-20A-43 - Registration and Notification Requirements Mandatory. - (a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24,...
Section 15-20A-44 - Rulemaking Authority. - (a) The Secretary of the Alabama State Law Enforcement Agency...
Section 15-20A-45 - Penalties. - (a) A sex offender who is convicted of any offense...
Section 15-20A-46 - Disposition of Funds. - (a) The two hundred dollar ($200) filing fee paid by...
Section 15-20A-47 - Construction. - Nothing in this chapter shall be construed as creating a...
Section 15-20A-48 - Relation to Other Laws. - (a) For the purposes of Sections 13A-5-2, 13A-5-6, 14-9-41, 15-18-8,...
Chapter 21 - Habeas Corpus.
Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally. - Any person who is imprisoned or restrained of his liberty...
Section 15-21-2 - Persons Entitled to Prosecute Writ - Persons Confined for Failure to Enter Into Undertaking to Keep the Peace. - Any person confined in jail for failing to enter into...
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane. - Any person confined as insane may prosecute a writ of...
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition. - Application for a writ of habeas corpus must be made...
Section 15-21-5 - Description of Party if Name Uncertain or Unknown. - If the name of the person on whose behalf an...
Section 15-21-6 - To Whom Petition Addressed. - (a) When the person is confined in a county jail...
Section 15-21-7 - When Petition May Be Addressed to Another Judge; Justifying Proof Required; Ouster of Jurisdiction of Nearest Judge. - (a) When the petition for a writ of habeas corpus...
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable. - (a) The judge to whom the application for a writ...
Section 15-21-9 - Form of Writ. - A writ of habeas corpus may be, in substance, as...
Section 15-21-10 - Writ Not to Be Disobeyed for Want of Form or Misdescription; Writ Presumed Addressed to Recipient. - A writ of habeas corpus must not be disobeyed on...
Section 15-21-12 - Notice to Any Other Person Having Interest Required. - If it appears from the petition for a writ of...
Section 15-21-13 - Notice to District Attorney, Prosecutor or Arrestor Required When Criminal Charge; Bail Without Notice. - If it appears from the petition for a writ of...
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable. - (a) At the time of issuing a writ of habeas...
Section 15-21-15 - Subpoenas for Witnesses. - (a) On the application of either party, subpoenas for witnesses...
Section 15-21-16 - Service of Writ. - A writ of habeas corpus must be served by the...
Section 15-21-17 - When Return to Be Made; Form and Contents of Return. - (a) After due service thereof, the person to whom a...
Section 15-21-18 - Person and Original Detaining Warrant, Writ, etc., to Be Produced With Return; Exception. - At the time of making the return, one must also...
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity. - When the party on whose behalf a writ of habeas...
Section 15-21-20 - Contesting of Return; Examination Into Imprisonment or Detention; Disposition of Detainee on Adjournment of Examination; Forfeiture of Bail. - (a) The party on whose behalf a writ of habeas...
Section 15-21-21 - When Party to Be Discharged or Remanded. - Upon a hearing on a writ of habeas corpus, if...
Section 15-21-22 - Admission to Bail if Charged With Bailable Offense; Procedure When Sufficient Bail Not Offered; Transmission of Bail to Clerk of Court; Forfeiture of Bail. - (a) Upon a hearing on a writ of habeas corpus,...
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into. - On the return of a writ of habeas corpus, no...
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued. - If it appears that the party is in custody by...
Section 15-21-25 - Remand or Commitment to Custody or Restraint for Public Offense When Commitment Irregular. - In habeas corpus proceedings, if it appears that the party...
Section 15-21-26 - Reimprisonment for Same Cause After Discharge. - When a person has once been discharged on habeas corpus,...
Section 15-21-27 - Penalty - Unlawful Detention or Arrest After Discharge Order; Civil Action for Damages. - Any officer or other person who has the custody of...
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc. - Any officer who refuses or neglects to deliver a true...
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt. - (a) It is the duty of the officer before whom...
Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ. - Any person who has in his custody or under his...
Section 15-21-32 - Proceedings Against Defaulting Witnesses. - If any witness duly subpoenaed under the provisions of this...
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses. - (a) In habeas corpus proceedings, witnesses may prove their attendance...
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner. - (a) When the person on whose behalf a writ of...
Chapter 22 - Pardons, Paroles, and Probation.
Article 1 - General Provisions.
Section 15-22-1 - Compacts With Other States. - Repealed by Act 2002-413, 2003 Regular Session, effective July 1,...
Section 15-22-1.1 - Interstate Compact for Adult Offender Supervision. - Whereas: The Interstate Compact for the Supervision of Parolees and...
Section 15-22-1.2 - Compacts With Other States. - The Governor is authorized and directed to enter into a...
Section 15-22-1.3 - Interstate Transfer Application Fee. - (a) Any adult offender placed under community supervision and released...
Section 15-22-2 - Supervision Fee; Probationer's Upkeep Fund; Exclusion From Taxable Income; Compliance With Rules and Regulations. - (a)(1) Any person who is placed on parole by the...
Article 2 - Pardons and Paroles.
Section 15-22-20 - Board of Pardons and Paroles - Creation; Composition; Compensation. - (a) There shall be a Board of Pardons and Paroles...
Section 15-22-21 - Board of Pardons and Paroles - Appointment and Duties of Director. - (a) The Governor shall appoint a Director of Pardons and...
Section 15-22-21.1 - Board of Pardons and Paroles - Deputy Director for Parolee Rehabilitation. - One executive-level employee at the Department of Pardons and Paroles,...
Section 15-22-22 - Board of Pardons and Paroles - Furnishing of Offices and Supplies, Etc. - The necessary office quarters, supplies, stationery and equipment shall be...
Section 15-22-23 - Board of Pardons and Paroles - Meetings; Conditions to Board Actions; Due Notice. - (a) Meetings of the Board of Pardons and Paroles shall...
Section 15-22-24 - Board of Pardons and Paroles - Duties; Retirement of Parole Officers; Representation of Applicant by State Official; Supervision and Treatment; Training Requirements. - (a) The Board of Pardons and Paroles shall be charged...
Section 15-22-25 - Investigation and Report on Sentenced Prisoner's Social and Criminal Records. - (a) As to each prisoner sentenced and received in the...
Section 15-22-26 - Standards for Release of Prisoners on Parole. - (a) No prisoner shall be released on parole merely as...
Section 15-22-26.1 - Hearing Officers. - (a) The position of Board of Pardons and Paroles Administrative...
Section 15-22-26.2 - Mandatory Supervision Period on Certain Sentences. - THIS SECTION WAS AMENDED BY ACT 2021-549 IN THE 2021...
Section 15-22-27 - Pardon or Parole of Person Having Death Sentence Commuted to Life Imprisonment. - (a) Any person whose sentence to death has been commuted...
Section 15-22-27.1 - Parole of Persons Convicted of Certain Felonies or Attempts and Having Been Previously Convicted of Felonies or Attempts Resulting in Serious Physical Injury. - Any person convicted of any act, or attempt to commit...
Section 15-22-27.2 - Parole of Persons Sentenced to Life Imprisonment Upon Second Convictions of Class a Felonies. - In all cases where a criminal defendant has been convicted...
Section 15-22-27.3 - Parole of Persons Convicted of Sex Offense Involving a Child. - Any person convicted of a sex offense involving a child...
Section 15-22-27.4 - Parole of Persons Convicted of Sex Offense Involving Person Under 13 Years of Age - Chemical Castration Treatment. - (a) As used in this section, the following terms shall...
Section 15-22-28 - Investigation for Parole; Temporary Leave; Parole Restrictions. - (a) It shall be the duty of the Board of...
Section 15-22-29 - Conditions of Parole; Adoption of Rules Concerning Conditions. - (a) The Board of Pardons and Paroles, in releasing a...
Section 15-22-29.1 - High Intensity Probation. - Prior to January 30, 2016, the Board of Pardons and...
Section 15-22-30 - Charging Parolees Residing in Community Residential Facilities for Room and Board. - (a) The State Board of Pardons and Paroles is authorized...
Section 15-22-30.1 - Establishment and Maintenance of Residential Transition Centers. - The Board of Pardons and Paroles may establish and maintain...
Section 15-22-31 - Warrant for Retaking Parolee; Arrest Without Warrant; Execution of Warrant and Fees Therefor. - (a) If the parole officer having charge of a paroled...
Section 15-22-33 - Discharge From Parole; Relief From Reports; Permission to Leave State or County. - No person released on parole shall be discharged from parole...
Section 15-22-34 - Furnishing of Records by Board of Corrections. - The Board of Pardons and Paroles may call upon the...
Section 15-22-35 - Cooperation With Courts by Parole Officers. - Parole officers employed by the Board of Pardons and Paroles,...
Section 15-22-36 - Authority to Grant Pardons and Paroles, Remit Fines and Forfeitures, etc.; Notice of Board Action. - (a) In all cases, except treason and impeachment and cases...
Section 15-22-36.1 - Certificate of Eligibility to Register to Vote. - (a) Any other provision of law notwithstanding, any person, regardless...
Section 15-22-36.2 - Victim Notification Implementation Task Force. - (a) There is hereby created the Victim Notification Implementation Task...
Section 15-22-36.3 - Notification of Participation by Inmate in Furlough, Leave, or Program. - Prior to an inmate's participation in a work release program...
Section 15-22-37 - Rulemaking Authority. - (a) The Board of Pardons and Paroles may adopt rules,...
Section 15-22-38 - Duties of Board Mandatory; Powers Strictly Construed. - The duties imposed upon the members of the Board of...
Section 15-22-39 - Penalty for Neglecting or Failing to Perform Duty. - Any member of the Board of Pardons and Paroles who...
Section 15-22-40 - When Pardon, etc., Null and Void. - Any pardon, parole, remission of a fine or forfeiture or...
Article 2A - Alabama Medical Parole Act
Section 15-22-41 - Short Title. - This article shall be known and may be cited as...
Section 15-22-42 - Definitions. - For the purposes of this article, the following terms shall...
Section 15-22-43 - Special Medical Parole Docket; Implementation; Factors Considered; Annual Report. - (a)(1) The Board of Pardons and Paroles shall establish a...
Article 3 - Probation.
Section 15-22-50 - Authority of Circuit and District Courts to Suspend Sentence and Place Convicted Person on Probation. - Circuit courts and district courts, subject to the provisions and...
Section 15-22-51 - Investigation by Probation Officer. - (a) When directed by the court, a probation officer shall...
Section 15-22-52 - Conditions of Probation. - The court shall determine and may at any time modify...
Section 15-22-53 - Powers and Duties of Probation Officers; Restrictions on Inspection of Records, Reports, etc., of Probation Officers. - (a) A probation officer shall investigate all cases referred to...
Section 15-22-54 - Period of Probation; Termination of Probation; Violation of Terms of Probation; Sanctions. - (a) The period of probation or suspension of execution of...
Section 15-22-54.1 - Resentencing. - (a) Any person now serving a prison sentence based on...
Section 15-22-55 - Assessment and Payment of Court Costs of Termination of Probation Proceedings. - All costs of court, including witness fees, relating to a...
Section 15-22-56 - Intensive Supervision Program; Fee. - (a) The Board of Pardons and Paroles may, by whatever...
Section 15-22-57 - Promulgation of Regulations and Guidelines. - The Board of Pardons and Paroles shall adopt and promulgate...
Article 4 - Municipal Parole Boards.
Section 15-22-70 - Mayor May Appoint Parole Board; Membership, Terms, Etc. - The mayor, or the chief executive officer if there is...
Section 15-22-71 - Board Meetings, Quorum; Number Required for Approval. - Meetings of the board shall be held on the first...
Section 15-22-72 - Authority and Duties; Actions in Writing. - The board may remit fines and such costs as are...
Section 15-22-73 - Appointment of Parole Officers; Duties and Powers; Reports, Records, etc., Privileged. - Parole officers may be appointed to investigate all cases referred...
Section 15-22-74 - Work and Educational Releases; Revocation; Deemed Escapee. - Any prisoner released to work or further his education or...
Section 15-22-75 - Work Release Wages; Payable to City; Withholding Confinement Costs; Disbursing Balance. - The employer of an inmate who is released from custody...
Section 15-22-76 - Discharge; Arrest for Violation of Parole, With or Without Warrant; Brought Before Parole Officer; Hearing; Serving Sentence Upon Revocation. - Upon the expiration of the period of parole the parolee...
Section 15-22-77 - Provisions of Article Cumulative; Not Repealer. - The provisions of this article are cumulative to the provisions...
Article 5 - Commutation of Convictions for Protesting Racial Segregation and Discrimination Laws and Ordinances.
Section 15-22-90 - Short Title. - This article may be known and cited as "The Rosa...
Section 15-22-91 - Grant of Pardon Upon Application or Affidavit; Notice; Hearing. - (a) A person who, while protesting or challenging within the...
Section 15-22-92 - Transfer of Records. - The record of a person pertaining only to the conviction...
Article 6 - The Scottsboro Boys Act.
Section 15-22-110 - Short Title. - This article may be known and cited as the Scottsboro...
Section 15-22-111 - Purpose. - The purpose of this article is to establish a process...
Section 15-22-112 - Definitions. - The following words shall have the following meanings for the...
Section 15-22-113 - Conditions; Petition; Hearing. - THIS SECTION WAS AMENDED BY ACT 2022-382 IN THE 2022...
Section 15-22-114 - Validity of Posthumous Pardon. - For the public welfare, a pardon granted by the board...
Section 15-22-115 - Liability Under Article; Legal Claims; Privileged Records. - Nothing in this article, nor any determination made by the...
Chapter 23 - Alabama Crime Victims.
Article 1 - Crime Victims' Compensation.
Section 15-23-1 - Short Title. - This article shall be known and may be cited as...
Section 15-23-2 - Legislative Findings, Etc. - The Legislature hereby finds, determines and declares that victims of...
Section 15-23-3 - Definitions. - As used in this article the following words shall include,...
Section 15-23-4 - Alabama Crime Victims Compensation Commission - Created; Composition; Meetings; Rules and Regulations; Bond; Compensation. - THIS SECTION WAS AMENDED BY ACT 2022-196 IN THE 2022...
Section 15-23-5 - Alabama Crime Victims Compensation Commission - Powers and Duties. - THIS SECTION WAS AMENDED BY ACT 2022-196 IN THE 2022...
Section 15-23-6 - Alabama Crime Victims Compensation Commission - Annual Report Required. - The commission shall publish annually a report showing the fiscal...
Section 15-23-7 - Audit of Financial Affairs of Commission Authorized. - The Director of the Department of Examiners of Public Accounts...
Section 15-23-8 - Compensation for Economic Loss Resulting From Criminal Conduct - Authorized; Procedure. - (a) The commission may award compensation for economic loss arising...
Section 15-23-9 - Compensation for Economic Loss Resulting From Criminal Conduct - Collateral Source Contribution Not Required. - The commission shall not require any claimant to seek or...
Section 15-23-10 - Compensation for Economic Loss Resulting From Criminal Conduct - Hearing Required Generally; Procedure in Contested Cases; Settlement by Consent Order, Etc. - (a) Every party to a claim shall be afforded an...
Section 15-23-11 - Filing Claim Under Article Constitutes Waiver of Physician-Patient Privilege. - (a) Any person filing a claim under the provisions of...
Section 15-23-12 - When Compensation Not Awarded, Diminished, etc.; Reconsideration of Award. - (a) Compensation shall not be awarded in any of the...
Section 15-23-13 - Award Not Contingent on Prosecution or Conviction of Offender; Effect of Proof of Conviction; Suspension of Proceedings Under Article. - Except as provided elsewhere in this article, an award may...
Section 15-23-14 - Award of Compensation Subrogates Commission to Rights of Claimant as to Collateral Source; Funds Recovered From Collateral Source Held in Trust for Commission; Disposition of Trust Funds; Notice of Action to Recover Damages; Restit... - (a) If compensation is awarded, the commission shall be subrogated...
Section 15-23-15 - Amount and Method of Compensation; Future Economic Loss Generally; Exemption From State and Local Taxes, Etc. - (a) Compensation for work loss, replacement services loss, dependent's economic...
Section 15-23-16 - Alabama Crime Victims Compensation Fund; Created; Purposes; Composition; Administered or Managed by Commission. - (a) There is hereby established a special fund to be...
Section 15-23-17 - Assessment of Additional Costs and Penalties; Collection and Disposition of Additional Assessments, Etc. - (a) In all criminal and quasi-criminal proceedings for the violation...
Section 15-23-18 - Penalties - Influence Peddling. - (a) Any person who confers, offers, or agrees to confer...
Section 15-23-19 - Penalties - Failure of Commission Member to Disclose Conflict of Interest. - (a) A member, agent or employee of the Alabama Crime...
Section 15-23-20 - Penalties - Alteration of Commission Records, Etc. - Any member, agent or employee of the Alabama Crime Victims...
Section 15-23-21 - Penalties - Furnishing False Information; Failure to Disclose Material Fact, Etc. - (a) Any person who shall knowingly furnish any false information...
Section 15-23-22 - Penalties - Unauthorized Control Over Money or Securities of Commission. - (a) Any person who shall knowingly obtain or exert any...
Section 15-23-23 - Certain Persons Deemed Ineligible for Compensation. - Any person who shall perpetrate any criminally injurious conduct on...
Article 2 - Crime Counselor Confidentiality.
Section 15-23-40 - Short Title. - This article shall be entitled "The Victim Counselor Confidentiality Act...
Section 15-23-41 - Definitions. - As used in this article, unless a contrary meaning is...
Section 15-23-42 - Confidentiality of Communications With Victim Counselor. - (a) A victim, a victim counselor without the consent of...
Section 15-23-43 - Waiver of Protection; Exception for Suit Against Counselor by Victim. - (a) A victim does not waive the protections afforded by...
Section 15-23-44 - Other Testimonial Privilege Not Limited by Provisions. - Nothing in this article shall be construed to limit any...
Section 15-23-45 - Victim Counselors Not Relieved of Duty to Report Certain Crimes. - This article shall not be construed to relieve victim counselors...
Section 15-23-46 - Victim Counselors Not to Prescribe Drugs, Practice Medicine, or Practice Other Professions Without License. - Nothing in this article shall be construed to permit a...
Article 3 - Crime Victims' Rights.
Section 15-23-60 - Definitions. - As used in this article, the following words shall have...
Section 15-23-61 - Designated Representative. - (a) If a victim is physically or emotionally unable to...
Section 15-23-62 - Law Enforcement Agency Required to Provide Victim With Information Concerning Services, Compensation Benefits, Etc. - Within 72 hours, unless the victim is unavailable or incapacitated...
Section 15-23-63 - Prosecuting Attorney Required to Notify Victim of Charges and Proceedings; Request for Notice. - (a) Upon written request of the victim, the prosecuting attorney...
Section 15-23-64 - Prosecuting Attorney Required to Confer With Victim Prior to Final Disposition of Offense. - The prosecuting attorney shall confer with the victim prior to...
Section 15-23-65 - Prosecuting Attorney Required to Confer With Victim Before Commencement of Trial. - The prosecuting attorney shall confer with the victim before the...
Section 15-23-66 - No Right to Direct Prosecution. - The rights of the victim do not include the authority...
Section 15-23-67 - Right to Be Present Throughout Proceedings. - The victim has the right to be present throughout all...
Section 15-23-68 - Waiting Area for Victim; Court to Minimize Contact of Victim With Defendant. - The court shall provide a waiting area for the victim...
Section 15-23-69 - Testimony Concerning Information About Victim; Information About Victim in Court File. - (a) Based upon the reasonable apprehension of the victim of...
Section 15-23-70 - Right to Refuse Defendant's Request for Interview. - The victim has the right to refuse a request by...
Section 15-23-71 - Plea Agreement. - The victim has the right to be present at any...
Section 15-23-72 - Right to Pre-Sentence Information. - The prosecuting attorney shall provide to the victim the date...
Section 15-23-73 - Impact Statement; Right to Review Pre-Sentence Investigative Report. - (a) The victim may submit a written impact statement or...
Section 15-23-74 - Right to Present Evidence, Statement, etc., During Sentencing or Restitution Proceedings. - The victim has the right to present evidence, an impact...
Section 15-23-75 - Right to Information Concerning Defendant's Sentence, Request for Notice, Post-Conviction Review, Etc. - The victim has the right to the following information: (1)...
Section 15-23-76 - Right to Be Present and Heard at Court Proceeding. - It is the discretion of the victim to exercise the...
Section 15-23-77 - Right to Have Property Returned. - (a) Prior to the admission of evidence to the court,...
Section 15-23-78 - Right to Information From Agency Having Physical Custody of Prisoner. - Any custodial agency having physical custody of the prisoner, if...
Section 15-23-79 - Submission of Victim's Statement Into Prisoner's Records. - (a) The victim shall have the right to be notified,...
Section 15-23-80 - Facility With Custody of Defendant to Send Victim Release Opinion. - Upon written request of the victim, the Alabama Department of...
Section 15-23-81 - Victim to Respond to Subpoena or to Participate in Proceeding Preparation Without Loss of Employment or Fear of Loss. - The victim shall respond to a subpoena to testify in...
Section 15-23-82 - Clerk of Court to Accept and Disburse Restitution. - The clerk of the court is authorized and shall accept...
Section 15-23-83 - Assertion of Rights by Attorney General or District Attorney. - The Attorney General or district attorney may assert any right...
Section 15-23-84 - Failure to Provide Right or Notice Not Grounds for Setting Aside Sentence. - The failure to provide a right, privilege, or notice to...
Article 4 - Testing of Person Charged With Certain Sex Crimes on Request of Alleged Victim.
Section 15-23-100 - Definitions. - As used in this article, the following words shall have...
Section 15-23-101 - Motion to Order Person Charged to Be Tested for Sexually Transmitted Diseases. - When a person has been charged with the crime of...
Section 15-23-102 - Order to Submit to Testing; Designation of Attending Physician; Additional Testing; Access to Results; Post-Test Counseling. - (a)(1) If the district attorney files a motion under Section...
Section 15-23-103 - Confidentiality of Results. - (a) The results of tests or reports, or information therein,...
Section 15-23-104 - Payment of Costs. - This article shall be implemented by the Department of Public...
Article 5 - Sexual Assault Survivors Bill of Rights
Section 15-23-120 - Short Title. - This article shall be known and may be cited as...
Section 15-23-121 - Rights of Sexual Assault Victims. - (a) A sexual assault survivor has the following rights: (1)a....
Section 15-23-122 - Survivor Notification. - The Attorney General shall develop a survivor notification document to...
Section 15-23-123 - Sexual Assault Task Force. - (a) The Attorney General shall establish the Sexual Assault Task...
Section 15-23-124 - Construction of Article. - Nothing in this article shall be construed to establish a...
Chapter 24 - Defendants With Intellectual Disability.
Section 15-24-1 - Short Title. - This chapter shall be known as the "Intellectually Disabled Defendant...
Section 15-24-2 - Definitions. - For the purpose of this chapter, the following terms shall...
Section 15-24-3 - Filing of Affidavit That Defendant Is Intellectually Disabled. - Following the arrest and detention of any person for an...
Section 15-24-4 - Affidavit Furnished to Judge, Prosecutor, and Defendant's Attorney; Use of Affidavit. - The verified affidavit shall be furnished to the trial judge,...
Section 15-24-5 - Proceedings Upon Finding Defendant to Be Intellectually Disabled. - If the defendant is determined by the court to be...
Section 15-24-6 - Affidavit Part of Court Record; Use of Affidavit. - The verified affidavit shall become a part of the court...
Section 15-24-7 - Information Gained Under Chapter Inadmissible on Issue of Guilt. - No information gained as a result of the provisions of...
Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children.
Section 15-25-1 - Prosecution for Physical or Sexual Offense or Exploitation Involving Child Under Age 16 - Leading Questions of Victim or Witness Under Age 10. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-2 - Prosecution for Physical or Sexual Offense or Exploitation Involving Child Under Age 16 - Videotaped Deposition; Who May Be Present; Procedure; Protective Order. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-3 - Prosecution for Physical or Sexual Offense or Exploitation Involving Child Under Age 16 - Use of Closed Circuit Equipment; Competence of Victim as Witness. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-4 - Appropriation for Equipment to View Videotaped Depositions. - There is hereby appropriated from the State General Fund the...
Section 15-25-5 - Use of Anatomically Correct Dolls or Mannequins During Testimony or Deposition of Victim or Witness Under Age 10. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-6 - Actions to Minimize Length of Proceedings Stressful to Child; Considerations in Ruling on Motion for Delay or Continuance. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Article 2 - The Child Sexual Abuse Victim Protection Act of 1989.
Section 15-25-30 - Short Title. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-31 - Out-of-Court Statement - When Admissible. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-32 - Out-of-Court Statement - Requirements for Admissibility. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-33 - Expert Testimony as to Unavailability of Child to Testify. - A finding of unavailability under Section 15-25-32(2)a.1., 3., 4., 5....
Section 15-25-34 - Corroborative Evidence Prerequisite to Admission of Statement. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-35 - Notice to Adverse Party. - The proponent of the statement must inform the adverse party...
Section 15-25-36 - Court to Inform Jury as to Out-of-Court Statement. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-37 - Factors in Considering Trustworthiness of Statement. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-39 - "A Child Physical Offense, Sexual Offense, and Exploitation" Defined. - THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022...
Section 15-25-40 - Effect Upon Otherwise Admissible Out-of-Court Statements. - Nothing contained in this article shall be construed to limit...
Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding.
Section 15-26-1 - Conduct of Pre-Trial Proceeding by Audio-Video Communication Device. - Whenever the law requires a defendant in a criminal case...
Section 15-26-2 - Physical Presence of Defendant Not Required. - THIS SECTION WAS AMENDED BY ACT 2022-375 IN THE 2022...
Section 15-26-3 - Electronic Filing of Documents. - Any documents filed during the audio-video communication may be transmitted...
Section 15-26-4 - Utilization of Audio-Video Communication by Law Enforcement Officer. - Any law enforcement officer issuing a Uniform Traffic Ticket and...
Section 15-26-5 - Conduct of Grand Jury Proceeding Involving Sworn Police Officers by Audio-Video Communication Device. - At the discretion of the district attorney, any grand jury...
Section 15-26-6 - Location of Television Monitors. - For any proceeding which is required to be open to...
Chapter 27 - Expungement.
Section 15-27-1 - Petition to Expunge Records - Misdemeanor Criminal Offense, Traffic Violation, Municipal Ordinance Violation. - (a) A person who has been charged with a misdemeanor...
Section 15-27-2 - Petition to Expunge Records - Felony Offense. - (a) A person who has been charged with any felony...
Section 15-27-2.1 - Limitations on Number of Expungements Granted. - (a)(1) A person may be granted unlimited expungements pursuant to...
Section 15-27-3 - Submission of Sworn Statement and Records; Service. - (a) A petition filed under this chapter shall include a...
Section 15-27-4 - Administrative Filing Fee; Indigency. - (a) In addition to any cost of court or docket...
Section 15-27-5 - Objections; Hearing; Ruling. - (a) If the prosecuting authority or victim files an objection...
Section 15-27-6 - Order of Expungement; Certification; Inspection of Expunged Records. - (a) Except as provided in Section 15-27-10, upon the granting...
Section 15-27-7 - Archive of Records; Withdrawal of Records From National Criminal Records Repository. - (a) Upon receipt of the order of expungement, a criminal...
Section 15-27-8 - Records Forwarded to and Retained by Alabama State Law Enforcement Agency. - Once the records are expunged pursuant to this chapter, the...
Section 15-27-9 - Definitions. - For purposes of this chapter, the following terms shall have...
Section 15-27-10 - Maintenance of Investigative Files, Reports, Case Files, Etc. - (a) Nothing in this chapter shall prohibit a criminal justice...
Section 15-27-11 - Personal Information Subject to Expungement. - An order of expungement, pursuant to this chapter may include,...
Section 15-27-12 - Prerequisites to Expungement. - No order of expungement shall be granted unless all terms...
Section 15-27-13 - Annual Report. - Upon request, the Administrative Office of Courts shall provide an...
Section 15-27-14 - Applicability - Alabama Securities Commission. - Nothing in this chapter shall be applicable to the Alabama...
Section 15-27-15 - Applicability - Right to Ship, Transport, Possess, or Receive Firearm. - An expungement order shall not entitle an individual to ship,...
Section 15-27-16 - Disclosure of Information From Expunged File Without a Court Order; Liability. - (a) Notwithstanding any other provision of this chapter, an individual...
Section 15-27-17 - Filing Under False Pretenses. - Upon determination by the court that a petition for expungement...
Section 15-27-18 - Applicants for Position in Law Enforcement, Etc. - Notwithstanding any other provision of this chapter, an applicant for...
Section 15-27-19 - Rulemaking Authority. - The Alabama Justice Information Commission shall adopt rules for the...
Section 15-27-20 - Release of Expunged Records for Use in Certain Civil Suits; Hearing. - Records that have been expunged pursuant to this chapter shall...
Section 15-27-21 - Admissibility of Expungement Records in Criminal Trials. - A certified record of an expungement is admissible in a...