(a) A person charged with a crime which was committed in his or her 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 or she should be tried as a youthful offender, provided he or she consents to such examination and to trial without a jury where trial by jury would otherwise be available to the defendant. 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).
(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.
(c) In addition to the provisions of subsections (a) and (b), when the defendant is charged with a crime that contains as an element of the crime or an allegation related to the charge that the defendant intentionally inflicted serious physical injury or intentionally killed the victim in the commission of the crime, prior to conducting a hearing or examination on whether the defendant will be arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing pursuant to the provisions of the Crime Victims’ Rights Act. In addition, the court shall conduct an evidentiary hearing on the allegations of the crime and the extent of injuries of the victim and shall consider the evidence prior to determining youthful offender status. The failure to provide a right, privilege, or notice to a victim under this subsection shall not be grounds for the defendant or victim to seek to have the disposition of the case set aside.
(Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §1; Act 2012-465, p. 1286, §1.)
Notes of Decisions
Cited in
57
cases, 1978–2017 · leading case:
Baker v. State, 906 So. 2d 210 (Ala. Crim. App. 2001).
Baker v. State, 906 So. 2d 210 (Ala. Crim. App. 2001).
· cites it 3× “See also commentary in § 15-19-1 through § 15-19-7, Code of Alabama 1975.”
Charles Coleman, Cross-Appellee v. State of Alabama, Cross-Appellant, 827 F.2d 1469 (11th Cir. 1987).
· cites it 5× “The Youthful Offender Act The Alabama Youthful Offender Act provides that “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.”
Slaton v. State, 680 So. 2d 879 (Ala. Crim. App. 1995).
· cites it 3× “See § 15-19-1, Code of Alabama 1975. The record shows that before Slaton was arraigned in circuit court, the circuit judge discussed youthful offender status with him.”
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001).
· cites it 2× “" Here, the trial court complied with its duties as proscribed in § 15-19-1. The trial court did not abuse its "almost absolute discretion" in denying McGriff's application for youthful offender status.”
State v. Beal, 319 S.E.2d 557 (N.C. 1984).
· cites it 5× “" In order to resolve this issue of first impression in this State, we have carefully studied and examined the Alabama Youthful Offender Act, Ala.Code §§ 15-19-1 through 15-19-7, and the cases which have construed this Act.”
United States v. W.B.H., 664 F.3d 848 (11th Cir. 2011).
“See Ala.Code § 15-19-1 et seq. Under that Act, the records of the proceeding were sealed but could be opened for inspection in the court’s discretion and were also to be considered at sentencing for any later crime.”
Adams v. State, 955 So. 2d 1037 (Ala. Crim. App. 2003).
“Code 1975, states: *1050 "(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…”
Wilson v. State, 142 So. 3d 732 (Ala. Crim. App. 2010).
“However, the Youthful Offender Act, § 15-19-1, Ala.Code 1975, requires that the court conduct a factual investigation into the defendant’s background.”
Gamble v. State, 791 So. 2d 409 (Ala. Crim. App. 2000).
“Although, as we noted previously, there is no transcript of the hearing on Gamble's application for treatment as a youthful offender, an entry on the case action summary sheet, as well as the application itself, indicates that the trial court ordered an investigation of Gamble's…”
Arrington v. State, 513 So. 2d 40 (Ala. Crim. App. 1987).
· cites it 2× “By this issue, counsel for appellant contends that "The trial court erred in denying the defendant Youthful Offender Status" as now provided by Section 15-19-1, Code of Alabama 1975. Said counsel for appellant, who was appointed by the trial court to represent appellant on…”
Shonelle Andre Jackson v. State of Alabama., 133 So. 3d 420 (Ala. Crim. App. 2009).
“Section 15-19-1, Ala.Code 1975, contemplates that an application for treatment as a youthful offender be made at a point near the commencement of the proceedings and before a defendant has entered a formal plea to the charges.”
Woods v. State, 789 So. 2d 896 (Ala. Crim. App. 1999).
“Section 15-19-1, Code of Alabama 1975, states: "(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…”
— Ala. Code § 15-19-1(a) — 6 cases
Adams v. State, 955 So. 2d 1037 (Ala. Crim. App. 2003).
“Code 1975, states: *1050 "(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…”
McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001).
“" Here, the trial court complied with its duties as proscribed in § 15-19-1. The trial court did not abuse its "almost absolute discretion" in denying McGriff's application for youthful offender status.”
State v. Beal, 319 S.E.2d 557 (N.C. 1984).
“" In order to resolve this issue of first impression in this State, we have carefully studied and examined the Alabama Youthful Offender Act, Ala.Code §§ 15-19-1 through 15-19-7, and the cases which have construed this Act.”
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treatment. Dots show Syfertize treatment of the citing case itself.