§ 12-15-201 — Definitions

Alabama § 12-15-201

• Jurisdiction: Alabama
• Title 12: Courts
• Ch. 15: Juvenile Proceedings
• Art. 2: Delinquency and Children in Need of Supervision

Text

For purposes of this article, the following terms and phrases shall have the following meanings:
(1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the Department of Youth Services.
(2) CONSENT DECREE. An order, entered after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order, suspending the proceedings and placing the child under supervision pursuant to terms and conditions agreed to between the child and his or her parent, legal guardian, or legal custodian and approved by the juvenile court.
(3) NONOFFENDER. A child who is subject to the jurisdiction of the juvenile court for reasons other than the legally prohibited conduct of the child.
(4) STATUS OFFENDER. A status offender is an individual who has been charged with or adjudicated for conduct that would not, pursuant to the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. An adjudicated status offender who violates the terms of his or her probation or aftercare remains a status offender for purposes of subdivision (1) of subsection (a) of Section 12-15-208, unless the child is contemporaneously adjudicated for having committed a delinquent act that is not a status offense. Status offenses include, but are not limited to, the following:
a. Truancy.
b. Violations of municipal ordinances applicable only to children.
c. Runaway.
d. Beyond control.
e. Consumption or possession of tobacco products.
f. Possession and consumption of alcohol, which is a status offense by federal law, even though considered a delinquent act by state law.
g. Driving under the influence pursuant to subsection (b) of Section 32-5A-191, which is a status offense by federal law, even though considered a delinquent act by state law.
(5) VALID COURT ORDER. An order given by a juvenile court judge to a child who was brought before the juvenile court and made subject to the order; and who received, before the issuance of the order, the full due process rights guaranteed to the child by the Constitution of the United States.

Legislative History

(Act 2008-277, p. 441, §11.)