reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 3 - Dependency and Termination of Parental Rights. › Section 12-15-324 - Applicability.

Section 12-15-324
Applicability.
The provisions of Sections 12-15-317 and 12-15-319 as amended by Act 98-370, regarding termination of parental rights petitions required to be filed by the Department of Human Resources shall apply to all children coming into foster care after April 22, 1998. In the case of children in foster care on April 22, 1998, the department shall comply with the timetable established by federal law for the processing of such cases.
(Act 98-370, p. 670, §2; §26-18-11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-401 - Definitions.

Section 12-15-401
Definitions.
For purposes of this article, the following words and phrases shall have the following meanings:
(1) COMMIT. Transfer legal and physical custody.
(2) DEPARTMENT. The Department of Mental Health.
(Act 2008-277, p. 441, §21.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-402 - Authority and Procedure.

Section 12-15-402
Authority and procedure.
(a) The state, any county, any municipality, or any governmental department or agency, including, but not limited to, the Department of Human Resources or the Department of Youth Services, or any person, including a parent, legal guardian, or legal custodian, may file a petition in the juvenile court to have any minor or child, as defined in this chapter, committed to the custody of the department on the basis that the minor or child is an individual with a mental illness or intellectual disability and, as a consequence of that mental illness or intellectual disability, poses a real and present threat of substantial harm to self or to others.
(b) The petition shall be verified and filed in the county in which the minor or child is located or resides, petitioning the juvenile court to commit the minor or child to the custody of the department.
(Acts 1975, No. 1205, p. 2384, §5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and renumbered by Act 2008-277, p. 441, §22.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-403 - Review of the Petition by the Juvenile Court.

Section 12-15-403
Review of the petition by the juvenile court.
(a) When at the time a petition is filed, a juvenile court shall immediately review the petition and may require the petitioner to be sworn and answer under oath questions in regard to the petition and the minor or child sought to be committed.
(b) If it appears from the face of the petition or from the testimony of the petitioner that the petition is totally without merit, the juvenile court shall order the petition dismissed without further proceedings.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-404 - Service of the Petition.

Section 12-15-404
Service of the petition.
Service of the petition upon the minor or child sought to be committed and upon his or her parent, legal guardian, or legal custodian shall be as provided in this chapter for service on minors and children generally or as otherwise provided by rules of court promulgated by the Supreme Court of Alabama.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-405 - Notice of Hearing; Appointment of Counsel for the Minor or Child.

Section 12-15-405
Notice of hearing; appointment of counsel for the minor or child.
(a) When any minor or child against whom a petition has been filed seeking to commit the minor or child to the custody of the department is initially brought before the juvenile court, the juvenile court shall provide a copy of the petition and if requested, read the petition to the minor or child and to his or her parent, legal guardian, or legal custodian and counsel, and inform those persons verbally and in writing of the date, time, and place of the next hearing to be held in regard to the minor or child, the purpose of the hearing, the rights of the minor or child at the hearing, and the possible consequences of the hearing.
(b) The juvenile court shall appoint a child's attorney for the minor or child. The juvenile court may appoint a guardian ad litem in addition to the child's attorney. No statement made or act done by the minor or child in the presence of the juvenile court prior to the minor or child obtaining the services of a child's attorney, or a guardian ad litem, shall be considered by the juvenile court in determining if the minor or child should be committed to the custody of the department.
(c) Notice of the filing of a petition pursuant to this section and of the date of final hearing shall be given to the department by the juvenile court not less than 14 days prior to the hearing. The notice shall constitute an application for admission to a facility maintained or operated by, under contract with, or under the supervision and control of the department.
(d) Not less than 24 hours prior to the final hearing, the department shall notify the juvenile court whether adequate facilities are available for the minor or child and to which facility the minor or child should be sent if the juvenile court should determine that the minor or child is to be committed. The minor or child shall not be accepted if the facility does not have adequate facilities available or if acceptance of the minor or child would result in an overcrowded condition.
(Act 2008-277, p. 441, §23; Act 2009-721, p. 2140, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-406 - Determination of Placement of the Minor or Child.

Section 12-15-406
Determination of placement of the minor or child.
(a) At the time that a minor or child sought to be committed is first brought before the juvenile court, the juvenile court shall determine the placement of the minor or child pending further hearings. No limitations shall be placed upon the minor or child unless limitations shall be necessary to prevent the minor or child from doing substantial harm to self or to others or to prevent the minor or child from leaving the jurisdiction of the juvenile court.
(b) No child shall be placed in a juvenile detention facility unless the child is charged with a delinquent act.
(c) The juvenile court may order the minor or child to be held in a public or private facility pending receipt by the department.
(d) The juvenile court shall order the minor or child to appear at the times and places set for hearing the petition and may order and require the minor or child to appear at designated times and places to be examined by medical doctors or mental health professionals.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-407 - Probable Cause Hearings for Temporary Confinement of the Minor or Child.

Section 12-15-407
Probable cause hearings for temporary confinement of the minor or child.
(a) If the juvenile court finds it necessary to temporarily confine or restrain the minor or child, pending final hearing upon a petition for mental commitment of the minor or child in the custody of any person, department, or agency other than his or her parent, legal guardian, or legal custodian, the juvenile court at the time the confinement is ordered shall set the matter for a hearing within seven days to determine if probable cause exists that the minor or child should be committed. At the probable cause hearing, the juvenile court shall determine if it is necessary to continue the restraint or confinement pending the final hearing.
(b) Upon a finding of probable cause that the minor or child should be committed, the juvenile court shall enter an order so stating and setting the date, time, and place of the hearing on the merits of the petition.
(c) The final hearing shall be held on the merits of the petition within 30 days of the date that the minor or child was served with a copy of the petition seeking to commit the minor or child.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-408 - Conducting Hearings to Commit the Minor or Child.

Section 12-15-408
Conducting hearings to commit the minor or child.
At all hearings conducted pursuant to this section to commit a minor or child to the custody of the department, the following shall apply:
(1) The minor or child sought to be committed shall be present unless, prior to the hearing, the child's attorney for the minor or child has filed in writing a waiver of the presence of the minor or child on the ground that the presence of the minor or child would be dangerous to his or her physical or mental health or that the conduct of the minor or child could reasonably be expected to prevent the hearing from being held in an orderly manner and the juvenile court has determined from the evidence that the waiver should be granted and has entered an order approving the waiver.
(2) The minor or child sought to be committed shall have the right to compel the attendance of and offer the testimony of witnesses, to be confronted with the witnesses in support of the petition and to cross-examine those witnesses, and to testify in his or her own behalf. No minor or child shall be compelled to testify against himself or herself.
(3) The juvenile court shall cause the hearing to be recorded stenographically, mechanically, or electronically and shall retain the recording for a period of not less than three years from the date the petition is denied or granted, and not less than the duration of any commitment pursuant to the hearing.
(4) All hearings shall be heard by the juvenile court without a jury, and the persons who may be present shall be as provided in Section 12-15-129.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-409 - Role of Attorney as Advocate; Designation of Facilities.

Section 12-15-409
Role of attorney as advocate; designation of facilities.
(a) An attorney representing the state, any county, or municipality or the Department of Youth Services or the Department of Human Resources or an attorney representing the person or persons filing a petition to have a minor or child committed may serve as the advocate in support of the petition to commit in all matters regarding the petition.
(b) At the final hearing upon a petition seeking to commit a minor or child to the custody of the department on the basis that the minor or child is mentally ill, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:
(1) That the minor or child sought to be committed is mentally ill.
(2) That, as a consequence of the mental illness, the minor or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act.
(4) That treatment is available for the mental illness of the minor or child or that confinement is necessary to prevent the minor or child from causing substantial harm to himself, herself, or to others.
(5) That commitment is the least restricting alternative necessary and available for treatment of the illness of the minor or child.
(c) Upon these findings, the juvenile court shall enter an order setting forth the findings and may order the minor or child committed to the custody of the department.
(d) The commissioner of the department, or his or her designee, may designate a hospital outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated hospital upon commitment to the department.
(Act 2008-277, p. 441, §23; Act 2009-721, p. 2140, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-410 - Evidence in Commitment Proceedings for Minor and Child With an Intellectual Disability.

Section 12-15-410
Evidence in commitment proceedings for minor and child with an intellectual disability.
(a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or child is a person with an intellectual disability, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:
(1) The minor or child sought to be committed is a person with an intellectual disability.
(2) The minor or child is not mildly retarded, as defined by the department.
(3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities are available only at a facility provided by the department.
(b) Upon these findings, the juvenile court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the department.
(c) The commissioner of the department, or his or her designee, may designate a facility outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated facility upon commitment to the department.
(Act 2008-277, p. 441, §23; Act 2009-721, p. 2140, p. 2140, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-411 - Discharge of the Minor or Child From Custody of the Department.

Section 12-15-411
Discharge of the minor or child from custody of the department.
(a) Any minor or child committed to the custody of the department who has gained maximum benefit from institutional treatment, who is no longer in need of the services of the department, or who has gained maximum benefit from the programs of the department shall be discharged from the custody of the department. The minor or child shall not be received again by the department pursuant to the original commitment order unless deemed appropriate by a court of proper jurisdiction holding a subsequent hearing.
(b) The department shall notify the committing juvenile court or the court to which the case is transferred and the parties to the commitment action in writing, which must be received by the juvenile court at least 10 days in advance of the proposed discharge. The committing juvenile court, at the time of discharge, shall transfer custody to a person or another state department or agency deemed suitable by the juvenile court.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-412 - Retention of Jurisdiction.

Section 12-15-412
Retention of jurisdiction.
The juvenile court committing any minor or child to the custody of the department shall retain jurisdiction over the minor or child so long as the minor or child is in the custody of the department regarding the original commitment.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 4 - Involuntary Commitment of Minors or Children. › Section 12-15-413 - Combining Probable Cause and Final Hearings.

Section 12-15-413
Combining probable cause and final hearings.
The probable cause hearing provided in Section 12-15-407 and the final hearing provided in Section 12-15-408 may be consolidated with the consent of all the parties.
(Act 2008-277, p. 441, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 5 - Multiple Needs Child Provisions. › Section 12-15-501 - Definitions.

Section 12-15-501
Definitions.
For purposes of this article, the following words and phrases shall have the following meanings:
(1) COUNTY TEAM. A county children's services facilitation team.
(2) MULTIPLE NEEDS CHILD. A child coming to the attention of the juvenile court or one of the entities listed herein who is at imminent risk of out-of-home placement or a placement in a more restrictive environment, and whose needs require the services of two or more of the following entities: Department of Youth Services, public school system (services for exceptional needs), Department of Human Resources, Department of Public Health, juvenile probation officers, or Department of Mental Health.
(3) STATE TEAM. The Alabama Children's Services Facilitation Team.
(Act 2008-277, p. 441, §25.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 5 - Multiple Needs Child Provisions. › Section 12-15-502 - Referral of Multiple Needs Child Case to County Team.

Section 12-15-502
Referral of multiple needs child case to county team.
After the filing of a petition alleging that a child is delinquent, dependent, or in need of supervision, or after the filing of a petition seeking mental commitment of a minor or child pursuant to Article 4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced child to the county team for recommendation if the petition alleged or evidence reveals to the juvenile court that the child may be a multiple needs child. If the case involves a child in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201, who is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the juvenile court shall refer the case to the county team. This referral may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing or prior to disposition to review the findings and recommendations of the county team. Upon referral to the county children's services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children's services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children's services facilitation team meetings and share records information and reports on the status offender with the county children's services facilitation team.
(Act 2008-277, p. 441, §25.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 5 - Multiple Needs Child Provisions. › Section 12-15-503 - Recommendation by County Team; Decision by Juvenile Court of Multiple Needs Child.

Section 12-15-503
Recommendation by county team; decision by juvenile court of multiple needs child.
(a) Within 21 days of receipt of a juvenile court referral or within another time specified by the juvenile court, the county team shall present to the juvenile court a plan of services addressing the needs of the child referred to the county team and the respective responsibilities of departments, agencies, and organizations composing this county team. Upon receipt of this plan, the juvenile court may find the child a multiple needs child. When the juvenile court finds it is in the best interests of the multiple needs child, the juvenile court may order the use of any dispositional alternative or service available for dependent children, delinquent children, or children in need of supervision, children who are emotionally disturbed, children with an intellectual disability or mental illness, or children who need specialized educational services, or children who need health services, or any combination thereof. The departments, agencies, or organizations shall be responsible for the implementation of the service plan adopted by the juvenile court.
(b) No multiple needs child, unless alleged or adjudicated delinquent, shall be placed in secure custody, except as provided in Section 12-15-208.
(c) The juvenile court may appoint a guardian ad litem for a multiple needs child.
(d) The provisions of subsections (a), (b), and (c) which require new or additional services beyond those already provided by the departments or agencies which are members of the State Team are mandated only to the extent that additional funds are appropriated to the State Multiple Needs Children Fund to implement its provisions. Nothing in the provisions relating to multiple needs children shall prohibit or restrict departments or agencies charged with the duty of providing services for children and families from working cooperatively and providing financial assistance to address needs which have been identified prior to a case being referred to a county team.
(Act 2008-277, p. 441, §25.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 5 - Multiple Needs Child Provisions. › Section 12-15-504 - Creation of Executive Council of the State Team; Membership; Duties.

Section 12-15-504
Creation of Executive Council of the State Team; membership; duties.
There is created an Executive Council of the State Team consisting of the heads of the following departments or agencies: Department of Education, Department of Human Resources, Department of Mental Health, Department of Public Health, and the Department of Youth Services. The Executive Council shall exercise general supervision and oversight over the State Team, approve its state plan and its budget, oversee all financial arrangements, approve all policies and procedures, as well as amendments thereto, and establish minimum standards for the operation of county teams.
(Acts 1993, No. 93-256, p. 367, §2; §12-15-170; amended and renumbered by Act 2008-277, p. 441, §26.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 5 - Multiple Needs Child Provisions. › Section 12-15-507 - Reimbursement Available for Team Member Expenses.

Section 12-15-507
Reimbursement available for team member expenses.
The members of the state and county teams shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as state employees. The expenses shall be paid by their respective departments, agencies, or organizations. Travel expenses of members of the team not otherwise reimbursed by the respective departments, agencies, or organizations may be paid from funds available to the teams.
(Acts 1993, No. 93-256, p. 367, §5; §12-15-173; amended and renumbered by Act 2008-277, p. 441, §26.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 5 - Multiple Needs Child Provisions. › Section 12-15-508 - State Multiple Needs Children Fund Established; Use; Limitations; Accounting System to Be Maintained; Provisions for Yearly Audit.

Section 12-15-508
State Multiple Needs Children Fund established; use; limitations; accounting system to be maintained; provisions for yearly audit.
(a) There is established in the State Treasury a fund to be known as the State Multiple Needs Children Fund which shall be administered by the agency designated by the Executive Council of the State Team. This fund shall consist of all moneys appropriated for these purposes from the State General Fund , the Alabama Education Trust Fund, or the Children First Trust Fund, donations, grants, bequests, loans, or any other sources, either public or private, relating to providing services for children identified as multiple needs children.
(b) The State Multiple Needs Children Fund shall be used to provide services not otherwise provided by state departments or agencies for multiple needs children. Administrative costs connected with the expenditures of state multiple needs children funds shall not exceed a percentage amount established by the Executive Council of the State Team.
(c) All funds now or hereafter deposited to the credit of the State Multiple Needs Children Fund shall be expended for the purposes of carrying out this article; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill for any specific fiscal year.
(d) The Chief Examiner of the Department of Public Accounts shall develop a uniform accounting system for the State Multiple Needs Children Fund conforming to generally accepted accounting principles. County teams and programs shall establish and maintain the uniform accounting system.
(e) The annual reports and all records of accounts and financial records of all funds received by the State Multiple Needs Children Fund by grant, contract, or otherwise from state, local, or federal sources, shall be subject to audit annually by the Chief Examiner of the Department of Public Accounts. All audits shall be completed as soon as practicable after the end of the fiscal year of the team.
(Acts 1993, No. 93-256, p. 367, §6; §12-15-174; amended and renumbered by Act 2008-277, p. 441, §26.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 15 - Juvenile Proceedings. › Article 6 - Appeals. › Section 12-15-601 - Appeals From Judgments and Orders of Juvenile Courts.

Section 12-15-601
Appeals from judgments and orders of juvenile courts.
A party, including the state or any subdivision of the state, has the right to appeal a judgment or order from any juvenile court proceeding pursuant to this chapter. The procedure for appealing these cases shall be pursuant to rules of procedure adopted by the Supreme Court of Alabama. All appeals from juvenile court proceedings pursuant to this chapter shall take precedence over all other business of the court to which the appeal is taken.
(Acts 1975, No. 1205, p. 2384, §5-152; §12-15-120; amended and renumbered by Act 2008-277, p. 441, §26.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-1 - When Words "Jury" or "Juries" Include Court or Judge.

Section 12-16-1
When words "jury" or "juries" include court or judge.
Whenever the statutes or laws of this state authorize or require the jury to ascertain or determine certain facts, to make certain findings or to fix the amount of damages, the value of property or the value of the use, hire or rent of property and a jury trial is waived or the court or judge trying the case is authorized to find and determine the facts as well as the law, then the word "jury" or "juries" shall be held to include the court or judge so trying the case.
(Code 1923, §9499; Code 1940, T. 7, §261.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-2 - Persons Exempted From Jury Duty.

Section 12-16-2
Persons exempted from jury duty.
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-3 - Citizens of State, Counties, Cities, etc., Not Disqualified as Interested in Actions in Which State, County, City, etc., a Party or Interested.

Section 12-16-3
Citizens of state, counties, cities, etc., not disqualified as interested in actions in which state, county, city, etc., a party or interested.
In actions to which the state, a county, a city or a town is a party or has an interest, citizens of the state, county, city or town are not disqualified by reason of interest.
(Code 1852, §2272; Code 1867, §2676; Code 1876, §3026; Code 1886, §2753; Code 1896, §2657; Code 1907, §4636; Code 1923, §8664; Code 1940, T. 30, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-4 - Repealed by Acts 1978, No. 594, P. 712, &Sect11, Effective April 27, 1978.

Section 12-16-4
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-5 - Repealed by Acts 1978, No. 594, P. 712, &Sect11, Effective April 27, 1978.

Section 12-16-5
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-6 - Duty of Court to Ascertain Qualifications Before Administering Oath to Jurors.

Section 12-16-6
Duty of court to ascertain qualifications before administering oath to jurors.
It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required by law, and the duty required of the court by this section shall be considered imperative.
(Code 1852, §537; Code 1867, §4087; Code 1876, §4760; Code 1886, §4325; Code 1896, §5010; Code 1907, §7270; Code 1923, §8659; Code 1940, T. 30, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-7 - Duty of Juror to Declare Personal Knowledge as to Fact in Controversy During Trial and Proceedings Upon Such Declaration; Proceedings Upon Declaration of Fact by Juror During Retirement of Jury.

Section 12-16-7
Duty of juror to declare personal knowledge as to fact in controversy during trial and proceedings upon such declaration; proceedings upon declaration of fact by juror during retirement of jury.
If a juror has personal knowledge respecting any fact in controversy, he must declare it in open court during the trial; and, if during the retirement of the jury a juror declares a fact as of his own knowledge which could be evidence in the case, the jury must forthwith return into court and such juror must, in either case, be sworn and examined as a witness in the presence of the parties.
(Code 1852, §648; Code 1867, §4200; Code 1876, §4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634; Code 1940, T. 30, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-8 - Employees Excused From Employment; Compensation; Postponement of Service.

Section 12-16-8
Employees excused from employment; compensation; postponement of service.
(a) Upon receiving a summons to report for jury duty, any employee, on the next day he or she is engaged in his or her employment, shall exhibit the summons to his or her immediate superior, and the employee shall thereupon be excused from his or her employment for the day or days required of him or her in serving as a juror in any court created by the constitutions of the United States or of the State of Alabama or the laws of the United States or of the State of Alabama.
(b) An employee may not be required or requested to use annual, vacation, unpaid leave, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this subsection shall be construed to require an employer to provide annual, vacation, or sick leave to employees who otherwise are not entitled to the benefits under policies of the employer.
(c) Notwithstanding the excused absence provided in subsection (a), any full-time employee shall be entitled to his or her usual compensation received from such employment.
(d) It shall be the duty of all persons paying jurors their fee or compensation for services to issue to each juror a statement showing the daily fee or compensation and the total fee or compensation received by the juror.
(e) Notwithstanding subsection (a), a court shall automatically postpone and reschedule the service of a summoned juror who is an employee of an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer also has been summoned to appear during the same period. A postponement pursuant to this section shall not affect an individual's right to one automatic postponement under Section 12-16-63.1.
(Acts 1969, No. 619, p. 1126; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-8.1 - Discharge of Employee or Adverse Employee Action.

Section 12-16-8.1
Discharge of employee or adverse employee action.
(a) No employer in this state may discharge any employee or subject any employee to an adverse employment action solely because he or she serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his or her next regularly scheduled hour after being dismissed from any jury.
(b) Any employee who is so discharged or subjected to an adverse employment action shall have a cause of action against the employer for the discharge or adverse employment action in any court of competent jurisdiction in this state and shall be entitled to recover both actual and punitive damages.
(c) The provisions of this section are supplemental to any statutes, existing or to be enacted in the future, that are designed to protect and safeguard a citizen's right and duty to serve on a lawful jury, and the provisions of this section shall not repeal or supersede the provisions of any law not directly inconsistent herewith.
(Acts 1980, No. 80-747, p. 1520; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-9 - Separation and Sequestration of Jury in Felony Cases.

Section 12-16-9
Separation and sequestration of jury in felony cases.
In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the pendency of the trial. The court may at any time on its own initiative or on motion of any party, require that the jury be sequestered under the charge of a proper officer whenever they leave the jury box or the court may allow them to separate. A motion to separate or sequester shall not be made within the hearing of the jury, and the jury shall not be informed which party, if any, requested separation or sequestration.
(Acts 1943, No. 384, p. 358; Acts 1982, No. 82-566, p. 943; Acts 1995, No. 95-190, p. 264, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-10 - Provision of Lodging and Meals for Jurors, etc., When Jury Kept Together Without Separation Overnight, etc.; Presumption as to Separation of Jurors on Basis of Sex.

Section 12-16-10
Provision of lodging and meals for jurors, etc., when jury kept together without separation overnight, etc.; presumption as to separation of jurors on basis of sex.
Whenever a jury is, by order of the court, kept together without separation during any night or for any unusual length of time, it is the duty of the sheriff, with the approval of the court, at the expense of the state, to provide for the jurors and the bailiffs or deputy sheriffs in charge of or attending said jury suitable lodging and meals. If a jury composed of both men and women is kept together overnight, separate lodging shall be provided for jurors of each sex.
A separation solely by reason of sex, while in the custody of bailiffs or deputy sheriffs, shall not create a presumption of prejudice to an accused, but on the contrary it shall be prima facie presumed that the accused was not prejudiced by reason of the separation of the jury by sexes.
(Code 1876, §4887; Code 1886, §4452; Code 1896, §5276; Code 1907, §7310; Code 1923, §8692; Acts 1939, No. 60, p. 92; Code 1940, T. 30, §97; Acts 1967, No. 303, p. 846; Acts 1978, No. 821, p.1207, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-11 - Charge of Court to Jury Generally.

Section 12-16-11
Charge of court to jury generally.
The court may state to the jury the law of the case and may also state the evidence when the same is disputed, but shall not charge upon the effect of the testimony, unless required to do so by one of the parties.
(Code 1852, §2274; Code 1867, §2678; Code 1876, §3028; Code 1886, §2754; Code 1896, §3326; Code 1907, §5362; Code1923, §9507; Code 1940, T. 7, §270.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-12 - When Charge Must Be Written and Filed in Record.

Section 12-16-12
When charge must be written and filed in record.
The charge of the judge must be taken down by the court reporter or by some stenographer appointed by the court and reduced to writing and filed as a part of the record proper of the case, unless both parties or their counsel waive the reporting and making the charge a part of the record.
(Code 1867, §2757; Code 1876, §3110; Code 1886, §2755; Code 1896, §3327; Code 1907, §5363; Code 1923, §9508; Code 1940, T. 7, §272; Acts 1943, No. 386, p. 359; Acts 1955, 2nd Ex. Sess., No. 67, p. 178.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-13 - Charges Moved for by Parties; Appeals; General Charges.

Section 12-16-13
Charges moved for by parties; appeals; general charges.
Charges moved for by either party must be in writing and must be given or refused in the terms in which they are written, and it is the duty of the judge to write "given" or "refused," as the case may be, on the document and sign his name thereto, which thereby becomes a part of the record. Charges which are marked "given" by the trial judge must be taken by the jury with them on retirement, and those "refused" must be retained by the clerk. The court shall, after the conclusion of his charge to the jury, read such written charges as he has given for the parties in a clear and audible voice, saying to the jury, "these are instructions given you by the court at the request of the plaintiff or defendant, as the case may be, and are correct statements of the law to be taken by you in connection with what has already been said to you." The refusal of a charge, though a correct statement of the law, shall not be cause for a reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the court's general charge or in charges given at the request of parties. In case of appeal, the charges must be set out in the record on appeal in the following manner:
(1) The charge of the court;
(2) The charges given at the request of the plaintiff or the state;
(3) The charges given at the request of the defendant; and
(4) The charges refused to the appellant.
Every general charge shall be in writing or be taken down by the court reporter as it is delivered to the jury.
(Code 1852, §2355; Code 1867, §2756; Code 1876, §3109; Code 1886, §2756; Code 1896, §3328; Code 1907, §5364; Acts 1915, No. 716, p. 815; Code 1923, §9509; Code 1940, T. 7, §273.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-14 - Taking of Written Evidence by Jury on Retirement.

Section 12-16-14
Taking of written evidence by jury on retirement.
All instruments of evidence and depositions read to the jury may be taken out by them on their retirement.
(Code 1852, §2269; Code 1867, §2673; Code 1876, §3023; Code 1886, §2757; Code 1896, §3329; Code 1907, §5365; Code 1923, §9511; Code 1940, T. 7, §275.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 1 - General Provisions. › Section 12-16-15 - Polling of Jurors and Proceedings Thereupon.

Section 12-16-15
Polling of jurors and proceedings thereupon.
When a verdict is entered in either a civil or criminal case and before it is recorded, the jury may be polled, on the requirement of either party, in which case they must be asked severally if it is their verdict; and, if any answer in the negative, the jury must be sent out for further deliberation.
(Code 1852, §653; Code 1867, §4205; Code 1876, §4910; Code 1886, §4484; Code 1896, §5308; Code 1907, §7317; Code1923, §8699; Code 1940, T. 30, §101.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-30 - Establishment.

Section 12-16-30
Establishment.
There shall be a jury commission in every county in this state.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-31 - Composition; Qualifications of Members; Members May Not Hold Other Offices or Perform Other Public Duties Under Federal, State, etc., Governments for Compensation.

Section 12-16-31
Composition; qualifications of members; members may not hold other offices or perform other public duties under federal, state, etc., governments for compensation.
Each of said jury commissions shall be composed of three members who shall be qualified electors of the county in which they are appointed and shall be persons reputed for their fairness, impartiality, integrity and good judgment.
Members of the commission shall not during the term for which they are appointed and during their tenure in said office hold any other office by appointment or election or perform any other public duty under the federal, state, county or municipal government which carries with it any compensation whatsoever.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §9; Acts 1966, Ex. Sess., No. 285, p. 428, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-32 - Appointment and Term of Office of Members.

Section 12-16-32
Appointment and term of office of members.
The Governor shall appoint the members of the several jury commissions who shall constitute said several commissions during the Governor's tenure of office and until their successors are appointed and qualified, and thereafter the Governor shall appoint the members of said jury commissions for and only during the tenure of office of the Governor making the appointment and until their successors are appointed and qualified.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-33 - President of Commission; Quorum; Members to Take Oath of Office and Be Commissioned Prior to Entering Upon Discharge of Duties.

Section 12-16-33
President of commission; quorum; members to take oath of office and be commissioned prior to entering upon discharge of duties.
The members of the jury commission shall elect one of their number president of the commission. Any two members of the commission shall be a quorum for the transaction of business. Every member of the commission before entering upon the discharge of his duties must take the oath of office prescribed by Section 279 of the Constitution and must be commissioned by the Governor.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-34 - Compensation of Members.

Section 12-16-34
Compensation of members.
(a) Upon written order of the presiding circuit judge or his designee, the jury commission shall meet on such days as are required to replenish the number of names in the trial court jury box and to perform such other necessary duties as are related thereto. Each member of the jury commission shall be paid the sum of $10.00 for each day he is actually engaged in the discharge of his duties pursuant to the order of the presiding circuit judge. The president of each jury commission shall submit all claims for compensation for its members along with a copy of the order of the presiding circuit judge to the Administrative Director of Courts. Claims shall be submitted on such forms as may be prescribed by the Administrative Director of Courts, and, if approved, shall be processed and paid by the state.
(b) The compensation of each member of the commission shall not exceed for any year of his term the following amounts:
(1) In counties of 25,000 population or less, $200.00;
(2) In counties exceeding 25,000 and not exceeding 50,000 population, $500.00; and
(3) In counties having a population of more than 50,000, but not more than 600,000, $600.00; and
(4) In counties having a population of more than 600,000, $1,200.00.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §12; Acts 1953, No. 743, p. 1006; Acts 1978, No. 821, p. 1207, §2; Acts 1983, No. 83-512, p. 734, §1; Acts 1984, No. 84-259, p. 431, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-35 - Disqualification of Member and Appointment of Successor; Filling of Vacancies Generally.

Section 12-16-35
Disqualification of member and appointment of successor; filling of vacancies generally.
(a) Should any member of the commission become disqualified under the provisions of this article, the fact of such disqualification and the ground or reason therefor shall be certified to the Governor by the judge of the circuit court for the county; and, when so certified, the office of the member of the commission shall become vacant and the Governor shall appoint his successor to fill out the unexpired term.
(b) In case of any vacancy from any other cause in the office of a member of the commission, the Governor shall appoint a member to fill such vacancy who shall hold office for the unexpired term.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-36 - Appointment of Persons to Act as Members of Commission in Event of Absence From State, Sickness, etc., of Two Members.

Section 12-16-36
Appointment of persons to act as members of commission in event of absence from state, sickness, etc., of two members.
In the event that two members of the jury commission are absent from the state, sick or for any reason cannot discharge the duties imposed upon them by this article, then the other member of the commission shall notify any judge of a court of record residing in the county to appear and take the place of the absent members; and, in such case, one judge and one member shall constitute a quorum. If no such judge is present or able to serve, the other member must immediately notify the Governor, who shall appoint competent persons to act as members of the commission until the regular members are present and able to discharge their duties.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §13.)