Alabama § 45-58-233.36 Definitions

Alabama Statutes

§ 45-58-233.36 — Definitions

Alabama § 45-58-233.36

JurisdictionAlabama

Title 45Local Laws

Ch. 58Shelby County

Art. 23Sheriff

Part 4Work Release and Community Corrections

Subpart 2Shelby County Community Corrections Act of 2005

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Bluebook

Ala. Code § 45-58-233.36 (2026).

Text

As used in this subpart the following words shall have the following meanings:

(1)ELIGIBLE PERSON. An eligible person shall not be one who is currently charged with, or in the past was convicted of, the offense of murder, robbery in the first or second degree, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, sexual abuse in the first degree or any other forcible sex crime, any lewd and lascivious acts upon a child, arson in the first degree, unlawful distribution of controlled substances or trafficking in controlled substances, assault in the first degree, or who has previously demonstrated a pattern of violent behavior. In reaching a determination, as to the latter, the judicial officer with jurisdiction may consider prior convictions, juvenile or you

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As used in this subpart the following words shall have the following meanings:
(1)
ELIGIBLE PERSON. An eligible person shall not be one who is currently charged with, or in the past was convicted of, the offense of murder, robbery in the first or second degree, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, sexual abuse in the first degree or any other forcible sex crime, any lewd and lascivious acts upon a child, arson in the first degree, unlawful distribution of controlled substances or trafficking in controlled substances, assault in the first degree, or who has previously demonstrated a pattern of violent behavior. In reaching a determination, as to the latter, the judicial officer with jurisdiction may consider prior convictions, juvenile or youthful offender adjudications, other criminal charges, and the behavior of the offender during incarceration. However, if a person is ineligible based solely upon a previous conviction, that person may be allowed to become a participant with the approval of the District Attorney for Shelby County. Otherwise, an eligible person is:
a. Any person who is incarcerated in the Shelby County jail or in any municipal jail located in Shelby County awaiting adjudication and is financially unable to post bail.
b. Any person whose criminal sentence has been suspended, in whole or in part, and who is placed under terms of probation by a Shelby County judicial officer.
c. Any person who, having been adjudicated for a criminal offense, would be sentenced to incarceration in the Alabama Department of Corrections, or in the Shelby County jail or in any municipal jail located in Shelby County, Alabama.
d. Any person who would otherwise be incarcerated in the Shelby County jail or in any municipal jail located in Shelby County for violation of any previous civil or criminal court order, or for any failure to pay child support, or for civil or criminal contempt of court, or for any other criminal or civil offense.
(2) JUDICIAL OFFICER. Any circuit, district, or municipal judge in Shelby County, or any duly appointed judicial referee or special master in Shelby County, or any other circuit or district judge from any other county of this state, provided, however, that the Executive Director of Shelby County Community Corrections shall approve the participation of all persons direct-ed to Shelby County Community Corrections from a non-Shelby County judge.
(3) PARTICIPANTS. A person who is under an order from a judicial officer to participate in the services and programs provided by Shelby County Community Corrections.