Section 15-19-1
Section 15-19-1 Investigation and examination by court to determine how tried; consent of minor to trial without jury; arraignment as youthful offender.
(a) A person charged with a crime which was committed in his minority but was not disposed of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment for one year or more shall, and, if charged with a lesser crime may be investigated and examined by the court to determine whether he should be tried as a youthful offender, provided he consents to such examination and to trial without a jury where trial by jury would otherwise be available to him. If the defendant consents and the court so decides, no further action shall be taken on the indictment or information unless otherwise ordered by the court as provided in subsection (b) of this section.
(b) After such investigation and examination, the court, in its discretion, may direct that the defendant be arraigned as a youthful offender, and no further action shall be taken on the indictment or information; or the court may decide that the defendant shall not be arraigned as a youthful offender, whereupon the indictment or information shall be deemed filed.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §1.)Section 15-19-2
Section 15-19-2 Investigations for court by probation officers.
It shall be the duty of all probation officers of the State of Alabama to make such investigations for the court as requested by the court for the purpose of determining whether or not the person shall be charged as a youthful offender.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §5.)Section 15-19-3
Section 15-19-3 Trial — Sessions to be separate from adult trials.
The trial of youthful offenders and proceedings involving them shall be conducted at court sessions separate from those for adults charged with crime.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §2.)Section 15-19-4
Section 15-19-4 Trial — Without jury.
If a defendant does not plead guilty, the trial of the charge as a youthful offender shall be before the judge without a jury.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §2.)Section 15-19-5
Section 15-19-5 Inadmissibility of examination and investigation statements, admissions and confessions; consideration of statements, etc., at time of sentencing.
No statement, admission or confession made by a defendant to the court or to any officer thereof during the examination and investigation referred to in Section 15-19-1 shall be admissible as evidence against him or his interest; provided, however, that the court may take such statement, admission or confession into consideration at the time of sentencing after the defendant has been found guilty of a crime or adjudged a youthful offender.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §3.)Section 15-19-6
Section 15-19-6 Disposition upon adjudication.
(a) If a person is adjudged a youthful offender and the underlying charge is a felony, the court shall:
(1) Suspend the imposition or execution of sentence with or without probation;
(2) Place the defendant on probation for a period not to exceed three years;
(3) Impose a fine as provided by law for the offense with or without probation or commitment;
(4) Commit the defendant to the custody of the Board of Corrections for a term of three years or a lesser term.
(b) Where a sentence of fine is not otherwise authorized by law, then, in lieu of or in addition to any of the dispositions authorized in this section, the court may impose a fine of not more than $1,000.00. In imposing a fine the court may authorize its payment in installments.
(c) In placing a defendant on probation, the court shall direct that he be placed under the supervision of the appropriate probation agency.
(d) If the underlying charge is a misdemeanor, a person adjudged a youthful offender may be given correctional treatment as provided by law for such misdemeanor.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §4.)Section 15-19-7
Section 15-19-7 Effect of determination; records not open to public inspection; exception.
(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime; provided, however, that if he is subsequently convicted of crime, the prior adjudication as youthful offender shall be considered.
(b) The fingerprints and photographs and other records of a person adjudged a youthful offender shall not be open to public inspection; provided, however, that the court may, in its discretion, permit the inspection of papers or records.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §6.)
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