reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 9 - Deceptively Obtaining a Controlled Substance. › Section 13A-12-320 - Deceptively Obtaining a Prescription for a Controlled Substance.

Section 13A-12-320
Deceptively obtaining a prescription for a controlled substance.
(a) It is unlawful for any person to deceptively obtain a controlled substance, as defined in Section 20-2-2(4), from a medical practitioner by intentionally and knowingly withholding information from the medical practitioner that the person has obtained a prescription for the same controlled substance or another controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner. The unlawful activity is complete upon the delivery of the prescription to the patient and occurs at the location of the delivery.
(b) A violation of subsection (a) constitutes a Class A misdemeanor punishable as prescribed by law.
(c) A person who commits a fourth or subsequent violation of subsection (a) within a five-year period commits a Class C felony.
(Act 2013-258, p. 682, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 10 › Section 13A-12-340 - Manufacture, Sale, Use, etc., of Synthetic Urine or Urine Additive.

Section 13A-12-340
Manufacture, sale, use, etc., of synthetic urine or urine additive.
(a) As used in this section, the following terms have the following meanings:
(1) DEFRAUD. A misrepresentation of a material fact made willfully to deceive or with reckless disregard as to its truth or falsity.
(2) SYNTHETIC URINE. A substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.
(3) URINE ADDITIVE. A substance that is designed to be added to human urine.
(b)(1) No person shall knowingly manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test.
(2) No person shall knowingly use his or her urine to defraud an alcohol, drug, or urine screening test if the person's urine was expelled or withdrawn before collection of the urine specimen for the test.
(c) This section does not apply to urine, synthetic urine, or a urine additive that is manufactured, marketed, sold, distributed, used, or possessed solely for educational, medical, or scientific research.
(d)(1) On a first conviction of a violation of subsection (b), the person is guilty of a Class B misdemeanor.
(2) On a second or subsequent conviction of subsection (b), the person is guilty of a Class A misdemeanor.
(e) A person who collects urine specimens for alcohol, drug, or urine screening tests who knows or has reasonable cause to suspect that a person has used synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test in violation of subsection (b) shall report that knowledge or suspicion to the appropriate law enforcement agency.
(Act 2020-84, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-1 - Bigamy.

Section 13A-13-1
Bigamy.
(a) A person commits bigamy when he intentionally contracts or purports to contract a marriage with another person when he has a living spouse. A person who contracts a marriage outside this state, which would be bigamous if contracted in this state, commits bigamy by cohabiting in the state with the other party to such a marriage.
(b) A person does not commit an offense under this section if:
(1) He reasonably believes that his previous marriage is void or was dissolved by death, divorce or annulment; or
(2) He and the prior spouse have been living apart for five consecutive years next prior to the subsequent marriage, during which time the prior spouse was not known by him to be alive.
(3) The burden of injecting the issues under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Bigamy is a Class C felony.
(Acts 1977, No. 607, p. 812, §7001.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-2 - Adultery.

Section 13A-13-2
Adultery.
(a) A person commits adultery when he engages in sexual intercourse with another person who is not his spouse and lives in cohabitation with that other person when he or that other person is married.
(b) A person does not commit a crime under this section if he reasonably believes that he and the other person are unmarried persons. The burden of injecting this issue is on the defendant, but this does not change the burden of proof.
(c) Adultery is a Class B misdemeanor.
(Acts 1977, No. 607, p. 812, §7005.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-3 - Incest.

Section 13A-13-3
Incest.
(a) A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:
(1) His ancestor or descendant by blood or adoption; or
(2) His brother or sister of the whole or half-blood or by adoption; or
(3) His stepchild or stepparent, while the marriage creating the relationship exists; or
(4) His aunt, uncle, nephew or niece of the whole or half-blood.
(b) A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.
(c) Incest is a Class C felony.
(Acts 1977, No. 607, p. 812, §7010.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-4 - Nonsupport.

Section 13A-13-4
Nonsupport.
(a) A man or woman commits the crime of nonsupport if he or she intentionally fails to provide support which that person is able to provide and which that person knows he or she is legally obligated to provide to a dependent spouse or child less than 19 years of age.
(b) "Support" includes but is not limited to food, shelter, clothing, medical attention and other necessary care, as determined elsewhere by law.
(c) "Child" includes a child born out of wedlock whose paternity has been admitted by the actor or has been established in a civil suit.
(d) Nonsupport is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7025.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-5 - Abandonment of Child.

Section 13A-13-5
Abandonment of child.
(a) A man or woman commits the crime of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than 18 years old, he or she deserts such child in any place with intent wholly to abandon it.
(b) Abandonment of a child is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7030.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-6 - Endangering Welfare of Child.

Section 13A-13-6
Endangering welfare of child.
(a) A man or woman commits the crime of endangering the welfare of a child when:
(1) He or she knowingly directs or authorizes a child less than 16 years of age to engage in an occupation involving a substantial risk of danger to his life or health; or
(2) He or she, as a parent, guardian or other person legally charged with the care or custody of a child less than 18 years of age, fails to exercise reasonable diligence in the control of such child to prevent him or her from becoming a "dependent child" or a "delinquent child," as defined in Section 12-15-1.
(b) A person does not commit an offense under Section 13A-13-4 or this section for the sole reason he provides a child under the age of 19 years or a dependent spouse with remedial treatment by spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical treatment.
(c) Endangering the welfare of a child is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §7035.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-7 - Inducing or Attempting to Induce Abortion, Miscarriage or Premature Delivery of Woman.

Section 13A-13-7
Inducing or attempting to induce abortion, miscarriage or premature delivery of woman.
Any person who willfully administers to any pregnant woman any drug or substance or uses or employs any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, abets or prescribes for the same, unless the same is necessary to preserve her life or health and done for that purpose, shall on conviction be fined not less than $100.00 nor more than $1,000.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1852, §64; Code 1867, §3605; Code 1876, §4192; Code 1886, §4022; Code 1896, §4305; Code 1907, §6215; Acts 1911, No. 450, p. 548; Code 1923, §3191; Code 1940, T. 14, §9; Acts 1951, No. 956, p. 1630; Code 1975, §13-8-4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 13 - Offenses Against the Family. › Section 13A-13-8 - Failure to Report Missing Child.

Section 13A-13-8
Failure to report missing child.
(a) This section shall be known and may be cited as Caylee's Law.
(b) For purposes of this section, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABDUCTION. The removal or retention of a child without the consent of the child's custodian.
(2) CHILD. A person who is less than 18 years of age.
(3) CUSTODIAN. A child's father or mother, whether biological or adoptive, a child's legally appointed guardian, or the spouse of a child's father, mother, or legally appointed guardian. In the case where only one parent has legal custody, the term means the parent with legal custody or his or her spouse.
(4) GUARDIAN. A guardian as defined in Section 26-2A-20.
(5) LOST CHILD. A child who is unable to find his or her way back to his or her custodian.
(6) RUNAWAY CHILD. A child who voluntarily absents himself or herself from the control of his or her custodian with intent to remain away indefinitely.
(c) A child's custodian shall report, or cause a report to be made, to a law enforcement officer or agency that the child is missing when the child's whereabouts are unknown to the custodian and the custodian knows, believes, or has substantial reason to believe any of the following:
(1) That the child's whereabouts are unknown to any person under whose temporary supervision the custodian placed the child.
(2) That the child is the victim of an abduction or the victim of serious bodily harm, abuse, or sexual exploitation.
(3) That the child is a lost or runaway child.
(d) The report required under subsection (c) shall be made verbally, either by telephone or direct communication, followed by a written report as requested by a law enforcement official.
(e)(1) A child's custodian who is subject to the duty imposed by subsection (c) is guilty of failure to report a missing child in the second degree if he or she fails or delays to make, or fails to cause to be made, the required report with willful or reckless disregard for the safety of the child.
(2) Failure to report a missing child in the second degree is a Class A misdemeanor.
(f)(1) A child's custodian who is subject to the duty imposed by subsection (c) is guilty of failure to report a missing child in the first degree if he or she fails or delays to make, or fails to cause to be made, the required report with willful or reckless disregard for the safety of the child and the child suffers serious bodily harm or death.
(2) Failure to report a missing child in the first degree is a Class C felony.
(g) It is a defense to prosecution under this section that the custodian made reasonably diligent efforts to verify the whereabouts and safety of the child during the period of any delay in making the report required by subsection (c).
(Act 2013-367, p. 1321, §§1-6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 14 - Miscellaneous Offenses. › Section 13A-14-1 - Maiming One's Self to Escape Duty or Obtain Alms.

Section 13A-14-1
Maiming one's self to escape duty or obtain alms.
Every person who, with design to disable himself from performing a legal duty, existing or anticipated, shall inflict upon himself an injury whereby he is so disabled and every person who shall so injure himself with intent to avail himself of such injury to excite sympathy or to obtain alms or some charitable relief shall be guilty of a felony.
(Code 1923, §4941; Code 1940, T. 14, §357; Code 1975, §13-1-6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 14 - Miscellaneous Offenses. › Section 13A-14-2 - Executive or Secret Sessions of Certain Boards.

Section 13A-14-2
Executive or secret sessions of certain boards.
Repealed by Act 2005-40, p. 55, §10, effective October 1, 2005.
(Acts 1915, No. 278, p. 314; Code 1923, §§5254, 5255; Code 1940, T. 14, §§393, 394; Code 1975, §13-5-1; Act 2004-487, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 14 - Miscellaneous Offenses. › Section 13A-14-3 - Marathon, etc., Contests Prohibited.

Section 13A-14-3
Marathon, etc., contests prohibited.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1935, No. 141, p. 179; Code 1940, T. 14, §358; Code 1975, §13-6-3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 14 - Miscellaneous Offenses. › Section 13A-14-4 - Fraudulently Pretending to Be Clergyman.

Section 13A-14-4
Fraudulently pretending to be clergyman.
Whoever, being in a public place, fraudulently pretends by garb or outward array to be a minister of any religion, or nun, priest, rabbi or other member of the clergy, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding $500.00 or confinement in the county jail for not more than one year, or by both such fine and imprisonment.
(Acts 1965, 1st Ex. Sess., No. 273, p. 381; Code 1975, §13-4-99.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 14 - Miscellaneous Offenses. › Section 13A-14-5 - Solicitation of Advertisements for State or Federal Peace Officer Magazines or Journals.

Section 13A-14-5
Solicitation of advertisements for state or federal peace officer magazines or journals.
(a) It shall be unlawful for any person, firm or corporation to solicit advertisement in this state to appear in any state or federal peace officers' magazine or journal without such person, firm or corporation first having qualified with the Attorney General of the State of Alabama to solicit such advertisement as hereinafter provided in this section.
(b) Any person, firm or corporation who holds himself out to be affiliated with any state or federal peace officers association who publishes a peace officers' magazine or journal may qualify with the Attorney General and receive a certificate of qualification from him by furnishing proof to the Attorney General that he does in truth and in fact represent a legitimate federal or state peace officers association and that the publication which he purports to represent is published at least quarterly.
(c) Any person, firm or corporation who holds himself out to represent any peace officers' magazine or journal who solicits advertisement to appear in such magazine or journal without first having obtained a certificate of qualification from the Attorney General of the State of Alabama shall be guilty of a misdemeanor and upon conviction shall be fined not less than $1,000.00 and imprisoned in the county jail not more than one year.
(Acts 1971, 3rd Ex. Sess., No. 70, p. 4278, §§1-3; Code 1975, §13-6-4.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-1.1 - Department of Corrections - Creation, Duties, Responsibilities, Etc.

Section 14-1-1.1
Department of Corrections - Creation, duties, responsibilities, etc.
There is hereby created the Alabama Department of Corrections, hereinafter referred to as "the department" which shall have all of the duties, responsibilities, authority, power, assets, liabilities, property, funds, appropriations, contractual rights and obligations, property rights and personnel, whether accruing or vested, by operation or by law and which are not in conflict with this section and Sections 14-1-1.2 through 14-1-1.5 which, prior to the enactment of Sections 14-1-15 through 14-1-17, were vested in a Board of Corrections and which, by virtue of such statutes, vested in the Governor of the State of Alabama.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-1.2 - Department of Corrections - Administration of Penal and Corrections Institutions.

Section 14-1-1.2
Department of Corrections - Administration of penal and corrections institutions.
The department shall be an administrative department responsible for administering and exercising the direct and effective control over penal and corrections institutions throughout this state. An institution over which the department exercises control may not be leased, transferred, or placed under the supervision or management of any nongovernmental entity without first obtaining the consent of the Legislature through the passage of legislation by a majority vote of the membership of each house.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §2; Act 99-599, p. 1389, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-1.3 - Commissioner of Corrections - Appointment; Salary; Duties.

Section 14-1-1.3
Commissioner of Corrections - Appointment; salary; duties.
The department shall be headed by and under the independent direction, supervision and control of a Commissioner of Corrections, hereinafter referred to as "the commissioner," who shall be appointed by and serve at the pleasure of the Governor. The Governor is hereby authorized to set the salary of the commissioner at the same level of any cabinet officer or at a reasonable level in excess thereof. The commissioner, without additional compensation, shall also serve as and exercise the authority, functions and duties of the Commissioner of Corrections as that position otherwise exists under the laws of Alabama, it being the intention of this section that there be but one Commissioner of Corrections.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-1.4 - Commissioner of Corrections - Qualifications; Oath; Bond.

Section 14-1-1.4
Commissioner of Corrections - Qualifications; oath; bond.
The commissioner shall be a person of good character, of good business experience and experience in the administration of correctional systems, shall have no financial interest in any partnership, corporation or association with which the department has any financial dealings and shall devote his full time to his official position and shall hold no other lucrative position while serving as such. Before entering upon the duties of his office, the commissioner shall take the constitutional oath of office and execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than $10,000.00, for the faithful performance of his duties.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §4.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-1.5 - Deputy Commissioners; Appointment; Duties; Qualifications; Salary.

Section 14-1-1.5
Deputy commissioners; appointment; duties; qualifications; salary.
(a) The commissioner may appoint no more than three deputy commissioners, who shall serve at his or her pleasure, and the commissioner shall define their duties. The deputy commissioners shall be individuals of good character, with good business, educational, or administrative experience, shall have no financial interest in any partnership, corporation, or association with which the department has any financial dealings, shall devote their full time to their official position, and shall have no other lucrative position while employed. Their salaries shall be set by the commissioner, but shall not exceed the salary paid the commissioner.
(b) One deputy commissioner shall be known as the Deputy Commissioner for Prisoner Rehabilitation. The Deputy Commissioner for Prisoner Rehabilitation shall be responsible for the development, implementation, and improvement of programs designed to reduce recidivism.
(Acts 1983, 1st Ex. Sess., No. 83-69, p. 71, §5; Act 2021-478, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-1.6 - Release Into Federal Custody of Persons Whose Federal Sentence Exceeds State Sentence.

Section 14-1-1.6
Release into federal custody of persons whose federal sentence exceeds state sentence.
The Commissioner of the Department of Corrections shall release into the custody of the United States Bureau of Prisons, or its authorized representative, any person in the custody of the Department of Corrections whose federal sentence exceeds his or her sentence in Alabama unless he or she was convicted of a Class A felony or a sex offense defined pursuant to Section 15-20A-5.
(Act 2015-185, §15.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-4 - Officers and Employees Generally.

Section 14-1-4
Officers and employees generally.
(a) The department may appoint officers and employees as it may require for the performance of its duties and shall fix and determine their qualifications, duties, and authority. The employees of the department, except the Commissioner of Corrections and the deputy commissioners of corrections, not to exceed three, shall be subject to the law with respect to the method, selection, classification, and compensation of state employees on a basis of merit.
(b) The Department of Corrections shall not rescind any employee position with the classification of "correctional officer" and replace them with an employee of a lower classification or pay.
(c) The rules and regulations of the State Personnel Department shall not be applicable to the appointment, tenure, or compensation of physicians, surgeons, psychiatrists, psychologists, dentists, or allied professional supportive personnel employed by the department.
(d) The deputy commissioners and all other appointed personnel shall serve at the pleasure of the Commissioner of the Department of Corrections.
(Acts 1953, No. 202, p. 267, §4; Acts 1975, No. 873, p. 1728, §1; Acts 1978, No. 595, p. 717, §1; Acts 1995, No. 95-575, p. 1210, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-4.1 - Perry County Facility Employment and Appointments.

Section 14-1-4.1
Perry County Facility employment and appointments.
Upon the acquisition of the Perry County Facility by the Alabama Corrections Institution Finance Authority, as provided in Chapter 2, the Department of Corrections shall employ all otherwise eligible employees below the rank of captain, through provisional appointments, persons who were employees of the Perry County Facility at the time of acquisition as the department deems necessary and appropriate. All subsequent appointments and employment of persons shall be pursuant to the Merit System Act of Alabama.
(Act 2010-729, p. 1834, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-5 - Bond of Officers and Employees.

Section 14-1-5
Bond of officers and employees.
(a) The board shall require its officers and employees and those of institutions under its charge or control who may be charged with the handling of any public moneys to give bond to the state in a sum to be prescribed by the board, conditioned faithfully to account for all moneys and to disburse the same according to law, the bonds to be signed by an approved surety company and to be approved by the commissioner of the board.
(b) The premiums on the bonds shall be paid by the state.
(Acts 1923, No. 85, p. 67; Code 1940, T. 45, §5.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-7 - Administrative Divisions; Chiefs of Divisions.

Section 14-1-7
Administrative divisions; chiefs of divisions.
The board shall have the power to create within the board such divisions as may be necessary for its effective administration. Each division in the board shall be headed by and be under the direction, supervision and control of an officer who shall be designated as the chief of such division. All chiefs of divisions shall be appointed by the board. Before entering upon the discharge of their duties, such chiefs of divisions shall take the constitutional oath of office. The salaries of such chiefs of divisions shall be fixed by the board, with the approval of the Governor, and shall be paid in the same manner and at the same time as the salaries of other state officers, but no one of such salaries shall exceed such amount as is provided by statute; except, that the salaries paid two physicians may not be in excess of such amount as is provided by statute. Each such officer shall devote his full time to his official duties and shall hold no other lucrative position while serving as such.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §9.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-8 - Functions and Duties - Generally.

Section 14-1-8
Functions and duties - Generally.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-9 - Functions and Duties - Advisor to Governor and Legislature; Notice to Governor and Legislature Prior to Construction of Permanent Facilities at Prisons.

Section 14-1-9
Functions and duties - Advisor to Governor and Legislature; notice to Governor and Legislature prior to construction of permanent facilities at prisons.
Repealed by Act 2015-70, §1(22), effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §6; Acts 1951, Ex. Sess., No. 10, p. 176; Acts 1978, No. 595, p. 717, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-10 - Functions and Duties - Power and Authority - Exercise; Restrictions.

Section 14-1-10
Functions and duties - Power and authority - Exercise; restrictions.
Repealed by Act 2015-70, §1(22), effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §7.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-11 - Functions and Duties - Power and Authority - Rules and Regulations.

Section 14-1-11
Functions and duties - Power and authority - Rules and regulations.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1939, No. 91, p. 118; Code 1940, T. 45, §8.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-12 - Treatment, Care and Segregation of Tubercular and Other Convict Patients Needing Long-Time Hospitalization.

Section 14-1-12
Treatment, care and segregation of tubercular and other convict patients needing long-time hospitalization.
The board may also make such changes in the existing arrangements with reference to the segregation and treatment of tubercular patients and other patients needing long-time hospital detention and care who are serving sentences for conviction of crime, so as to permit such patients to be transferred to the custody and care of those officers and agents who have the charge and control of the detention hospital, or hospitals, of the state convict system. The agents in charge of such hospital, or hospitals, during the period of the treatment of such convict patients, are constituted the legal custodians of such convicts. Any such hospital, or hospitals, or other places suitable and used under the convict system for the segregation and treatment of tubercular or other long-time patients may be opened under the authority of the board and may be used for the segregation, treatment and care of other inmates afflicted with tuberculosis or other diseases or ailments requiring long-time detention, treatment and care, and who may be received from any other institution covered by this chapter, or from any hospital or other duly accredited and responsible institution in the state with which the board may cooperate in the matter of the treatment or care of such patients. There shall be proper separation of convicts from free persons and males from females in such hospital or place of detention. The board is given general authority over the reception, care, custody and segregation of such persons and is also vested with the power and authority, by and with the approval of the Governor, to establish and promulgate rules and regulations for the proper conduct of the business and operation of such hospitals and places of detention, except as may be otherwise provided by this chapter.
(Acts 1923, No. 85, p. 67; Code 1940, T. 45, §4.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-13 - Fiscal Year; Annual Report; Periodic Recommendations.

Section 14-1-13
Fiscal year; annual report; periodic recommendations.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1953, No. 202, p. 267, §6.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-14 - Corrections Revolving Fund.

Section 14-1-14
Corrections Revolving Fund.
There is hereby created from the board's general operating funds, for the use and benefit of the board, a fund in the amount of $40,000.00 to be known as the Corrections Revolving Fund. The purpose of said fund shall be to pay certain expenses at the general office of the board and at the prisons and institutions under its supervision and control. The Commissioner of Corrections or the chief accountant of the board, upon authorization by the board, shall be the custodian of said fund and shall authorize, approve or certify all withdrawals and expenditures from said fund. Reimbursement to this fund shall be made by voucher by the commissioner or chief accountant, upon which the comptroller shall issue his warrant. The commissioner shall be authorized to make such expense advances from said fund to transfer agents and other employees as he deems proper. He shall be authorized to set aside such amounts as he deems necessary to the various prisons and institutions under his supervision for allowances to prisoners and for general administrative uses in such institutions. Expenditures from said fund shall be budgeted and allotted pursuant to Article 4 of Chapter 4 of Title 41. All refunds to the Corrections Revolving Fund, as established by this section, shall be made from the board's general operating fund.
(Acts 1973, No. 1086, p. 1851; Acts 1988, 1st Ex. Sess., No. 88-879, p. 424, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-15 - Duties, Authority, Property, Rights, etc., of Board of Corrections Vested in Governor.

Section 14-1-15
Duties, authority, property, rights, etc., of Board of Corrections vested in Governor.
All duties, responsibilities, authority, power, assets, liabilities, property, funds, appropriations, contractual rights and obligations, property rights and personnel, whether accruing or vested, by operation or by law and which are not in conflict with Sections 14-1-15 through 14-1-17 and which are presently vested in the Board of Corrections under Title 14, Chapters 1 through 12, as amended, and by any other laws or parts of laws of this state, are hereby vested in the Governor of the State of Alabama.
(Acts 1979, No. 79-426, p. 667, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-16 - Board of Corrections Abolished; Rights, Duties, Powers, Property, etc., Vested in Governor.

Section 14-1-16
Board of Corrections abolished; rights, duties, powers, property, etc., vested in Governor.
Effective October 1, 1979, the Board of Corrections of the State of Alabama is hereby abolished and all rights, all duties, responsibilities, powers, assets, liabilities, contractual rights and obligations and property rights, whether accruing or vested in the abolished agency, are hereby vested in the Governor of the State of Alabama.
(Acts 1979, No. 79-426, p. 667, §2.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-17 - Governor Authorized to Exercise Functions, Designate Administrator, Set Salary and Designate Duties.

Section 14-1-17
Governor authorized to exercise functions, designate administrator, set salary and designate duties.
All functions and duties of the department shall be exercised by the Governor, acting by himself or by and through such administrative divisions or such officers or employees or individuals as he may designate. The Governor is hereby further authorized to set the salary of such individual or individuals and make one such person responsible to him as administrator of the corrections institutions throughout this state. The Governor is further authorized to set the salary of such administrator at the same level of any cabinet officer or at a reasonable level in excess thereof. Any administrator shall have the authority and the duties which the Governor may designate and all of the power and authority incident to carrying out the functions and duties assigned.
(Acts 1979, No. 79-426, p. 667, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-18 - Capital Outlay Oversight Commission; Creation, Composition; Appointment; Meetings; Quorum; Capital Outlays and Capital Improvements; Compensation; Funding From Oil and Gas Leases.

Section 14-1-18
Capital Outlay Oversight Commission; creation, composition; appointment; meetings; quorum; capital outlays and capital improvements; compensation; funding from oil and gas leases.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-764, p. 1306.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-21 - Costs of Health Care Reimbursed to County; per Diem for Housing and Care.

Section 14-1-21
Costs of health care reimbursed to county; per diem for housing and care.
(a)(1) Counties are not financially responsible for the cost of health care provided to a parolee or probationer charged with, or sanctioned or revoked for, a parole or probation violation.
(2) The county may submit an invoice to the Department of Corrections for reimbursement of the county's cost of health care administered outside the county jail and actual costs of any care administered in the county jail. Invoices must be paid by the department within 60 days of the receipt of the invoice.
(b)(1)a. The Department of Corrections shall pay a county jail housing and caring for parolees and probationers charged with, or sanctioned or revoked for, a parole or probation violation a per diem of twenty-eight dollars ($28) per day the parolee or probationer is housed in the county jail.
b. Every three years the rate shall be adjusted by the Department of Finance using the Consumer Price Index for the previous three years.
(2) The county may submit an invoice to the Department of Corrections for payment of the per diem provided in subdivision (1). Invoices must be paid by the department within 60 days of the receipt of the invoice.
(c)(1) If, after 60 days of receipt of an invoice, the Department of Corrections has failed to pay for the health care of parolees and probationers as required in subsection (a), or has failed to pay the per diem as required in subsection (b), a county may file a claim with the Board of Adjustment.
(2) Notwithstanding any other provision of law, the Board of Adjustment shall hear any claim filed by any county pursuant to this subsection within 45 days of the filing of a claim.
(Act 2021-249, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-22 - Agreements for Operation of Facilities.

Section 14-1-22
Agreements for operation of facilities.
On or before January 1, 2022, the Department of Corrections shall enter into agreements, and operation shall begin pursuant to the agreements, with at least one residential transition center established pursuant to Section 15-22-30.1 or at least three consenting county jails designated pursuant to Section 14-1-23, and whose facilities will be used for the housing and care of parolees and probationers charged with, or sanctioned or revoked for, a parole or probation violation pursuant to Section 15-22-32 or 15-22-54. Where county jails are used for the housing and care of such parolees and probationers, the agreements shall be implemented and the county jails shall be designated as provided by Section 14-1-23.
(Act 2021-249, §4.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 1 - Board and Department of Corrections. › Section 14-1-24 - Quarterly Reports.

Section 14-1-24
Quarterly reports.
(a) In addition to any reporting requirements under existing law, the Alabama Department of Corrections shall provide to the Joint Legislative Prison Oversight Committee quarterly reports that include all of the following:
(1) A report containing statistical data that would allow the Legislature to assess the size or composition of the inmate population.
(2) A report containing statistical data that would allow the Legislature to assess the general status of correctional officer staffing levels, including new hires and retention between reporting periods.
(3) A report containing statistical data, by sex, of inmate participation in educational, vocational, religious, or reentry programs.
(4) A list of all litigation filed during the quarter involving the department, or any of its employees that relates to performance of his or her employment, to include the case style, case number, court, date of filing, and the amount of money paid by the department to defend the litigation.
(5)a. A report containing statistical data of all occurrences of sexual abuse and sexual victimization of inmates in a correctional facility that are reported to the department. For each incident, the department shall designate whether the investigation is pending or complete. If the investigation is complete, the department shall provide whether the incident was found to be substantiated, unsubstantiated, or unfounded.
b. Reports shall include the date, facility, nature of the incident, and the number of inmates, correctional staff, or contractors involved in the incident.
(6)a. A report containing statistical data on the number, manner, and cause of inmate deaths occurring in a correctional facility, including the results of any autopsy provided to the department by a third party.
b. Reports shall include the date, facility, nature of the incident, and the number of inmates, correctional staff, or contractors involved in the incident.
(7)a. A report containing statistical data of cell phones or other electronic devices, weapons, and controlled substances recovered within a correctional facility.
b. Reports shall include the date, facility, nature of the incident, and the number of inmates, correctional staff, or contractors involved in the incident.
(b) Nothing in this section shall require the department to disclose sensitive security information, information from open criminal investigative files, material protected by attorney-client privilege, executive privilege, work product doctrine or that reveals legal strategy in pending litigation; information prepared for or filed under seal in any court proceeding; or information otherwise protected from disclosure by law.
(c) This report shall be made publicly available on the department's website within 10 days of its delivery to the joint oversight committee at which time a digital notice of posting shall be sent to each member of the Legislature.
(Act 2021-480, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 2 - Alabama Corrections Institution Finance Authority. › Section 14-2-2 - Purpose of Chapter; Construction Thereof.

Section 14-2-2
Purpose of chapter; construction thereof.
It is the intent of the Legislature, by the passage of this chapter, to authorize the incorporation of the Governor, the Commissioner of Corrections, the Director of Finance, the Lieutenant Governor and the Attorney General as a public corporation for the purposes of acquiring land, constructing and leasing correctional institutions, buildings and facilities, disposing of the Kilby property by sale or lease and to vest such corporation with all powers, authority, rights, privileges and titles that may be necessary to enable it to accomplish such purpose. This chapter shall be liberally construed in conformity with the purpose just stated.
(Acts 1965, No. 678, p. 1226, §1.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 2 - Alabama Corrections Institution Finance Authority. › Section 14-2-3 - Incorporation by State Officials - Authority.

Section 14-2-3
Incorporation by state officials - Authority.
The Governor, the Commissioner of Corrections, the Director of Finance, the Lieutenant Governor and the Attorney General may become a public corporation with the power and authority provided in this chapter by proceeding according to the provisions of this chapter.
(Acts 1965, No. 678, p. 1226, §3.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 2 - Alabama Corrections Institution Finance Authority. › Section 14-2-4 - Incorporation by State Officials - Application.

Section 14-2-4
Incorporation by state officials - Application.
To become a corporation, the Governor, the Commissioner of Corrections, the Director of Finance, the Lieutenant Governor and the Attorney General shall present to the Secretary of State of Alabama an application signed by them which shall set forth:
(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the document evidencing each applicant's right to office;
(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;
(3) The name of the proposed corporation, which shall be the "Alabama Corrections Institution Finance Authority";
(4) The location of the principal office of the proposed corporation; and
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgments to deeds. The Secretary of State shall examine the application, and if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
(Acts 1965, No. 678, p. 1226, §4.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 2 - Alabama Corrections Institution Finance Authority. › Section 14-2-5 - Incorporation by State Officials - Certificate of Incorporation.

Section 14-2-5
Incorporation by state officials - Certificate of incorporation.
When the application has been made, filed and recorded as provided in Section 14-2-4, the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the great seal of the state, and shall record the certificate with the application, whereupon the applicants shall constitute a public corporation and agency of the state under the name proposed in the application.
(Acts 1965, No. 678, p. 1226, §5.)
2023 Code of Alabama › Title 14 - Criminal Correctional and Detention Facilities. › Chapter 2 - Alabama Corrections Institution Finance Authority. › Section 14-2-6 - Members; Officers; Directors; Quorum; Vacancies; Salaries.

Section 14-2-6
Members; officers; directors; quorum; vacancies; salaries.
THIS SECTION WAS AMENDED BY ACT 2021-546 IN THE 2021 1ST SPECIAL SESSION, EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The membership of the authority shall be as follows: The Governor shall be the president of the authority, the Commissioner of Corrections shall be the vice president of the authority, and the Director of Finance shall be the secretary of the authority. In addition to these three members, the Chair of the House Ways and Means General Fund Committee, the Chair of the Senate Finance and Taxation General Fund Committee, a member jointly appointed by the House Minority Leader and the Senate Minority Leader, and the Director of the Board of Pardons and Paroles shall be members of the authority. The governing documents of the authority shall be amended to reflect this membership.
(b) The State Treasurer shall be the treasurer and custodian of the funds of the authority, but shall not be a member of the authority.
(c) A majority of the members of the authority shall constitute a quorum for the transaction of business.
(d) Should any person holding any state office named in this section cease to hold such office by reason of death, resignation, expiration of his or her term of office, or for any other reason, then his or her successor in office shall take his or her place as a member or officer, as the case may be, of the authority.
(e) No member or officer of the authority shall draw any salary in addition to that now authorized by law for any service he or she may render or for any duty he or she may perform in connection with the authority.
(f) No member, officer, or employee of the authority shall be personally liable for any debt, obligation, or liability of the authority.
(g) The authority may delegate any of its administrative or reporting duties and obligations under this chapter to the Department of Corrections or any other state agency, department, or other state entity.
(Acts 1965, No. 678, p. 1226, §6; Acts 1985, 1st Ex. Sess., No. 85-125, p. 187, §2; Act 2021-546, §2.)