Code of Alabama

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12-17-96
Section 12-17-96 Duty of clerk when convict indicted; convict not to be released until bail
given. The clerk of any circuit court shall, without delay, certify a copy of any indictment
in his court against a convict sentenced to the penitentiary or to hard labor for the county
to the head of the department having supervision over convicts; and such convict, if pardoned
for the offense for which he is sentenced, shall not be discharged until he enters into a
recognizance to answer such indictment at the next session of the court in which the same
is pending, if the case is bailable, or is otherwise legally discharged from such indictment.
(Code 1867, §769; Code 1876, §675; Code 1886, §772; Code 1896, §938; Code 1907, §3276;
Code 1923, §6730; Code 1940, T. 13, §207.)...
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12-16-210
Section 12-16-210 Disclosure of indictment by district attorney, grand juror, etc., prior to
arrest, etc., of person indicted. Any judge, district attorney, clerk or other officer of
court or grand juror who discloses the fact that an indictment has been found before the person
indicted has been arrested or has given bail for his appearance to answer thereto shall, on
conviction, be fined not less than $200.00, and may also be imprisoned in the county jail
or sentenced to hard labor for the county for not more than six months. (Code 1852, §36;
Code 1867, §3577; Code 1876, §4134; Code 1886, §3969; Code 1896, §5047; Code 1907, §7308;
Code 1923, §8690; Code 1940, T. 30, §95.)...
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14-3-30
Section 14-3-30 Temporary confinement of convict pending removal; inmate developing medical
condition which requires treatment. (a) When any convict is sentenced to the penitentiary,
the judge of the court in which the sentence is rendered shall order the inmate to be confined
in the nearest secure jail. The clerk of the court shall at once notify the Department of
Corrections as to the jail where the inmate is confined, forward to the department a copy
of the judgment entry and sentence in the case, and inform the department if any special care
is necessary to guard the inmate. Thereupon, the department shall direct where the inmate
shall be taken for confinement or hard labor. (b) When an inmate sentenced to the custody
of the department and the department is in receipt of a transcript of such sentence, is being
housed in a county jail, and the inmate develops a medical condition which requires immediate
treatment at a medical-care facility outside the county jail, the department...
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14-3-38
Section 14-3-38 How sentences to be served on two or more convictions; effect of convict's
conduct thereon. (a) When a convict is sentenced to imprisonment in the penitentiary on two
or more convictions, unless it is specifically ordered in the judgment entry that such sentences
be served concurrently, such sentences shall be cumulative and shall be served consecutively,
the first term thereof beginning to run from the date on which such prisoner is received at
the penitentiary, reformatory or jail for service of the sentence or at some place of detention
to await transportation to the place where his sentences are to be served and his second and
subsequent terms, each, beginning on the expiration of the preceding term. When the judgment
sentence contains a fixed order that the term shall run concurrently, such sentences shall
run concurrently from the date on which such convict is received for serving of the sentences
as prescribed above. (b) In case the prison record of a convict...
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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient
bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing
on a writ of habeas corpus, if it appears that the detained party is charged with a public
offense which is bailable, he must be admitted to bail on offering sufficient bail. (b) If
sufficient bail is not offered, the amount of bail required must be endorsed on the warrant,
and the court to which he is required to appear, and the detained party may be afterwards
discharged by the sheriff of the county on giving sufficient bail in the amount so required.
(c) All undertakings of bail taken by any judge or sheriff under the provisions of this section
must be transmitted by him to the clerk of the court before which the party is bound to appear
by the first day of the next succeeding session and may be forfeited, and the same proceedings
thereon had, as against other bail in criminal cases. (Code...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or
dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to
hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment
of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail
to surrender himself to the sheriff, at the county jail, within 15 days from the date of such
affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond
forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must
be issued, and so on until the judgment has been executed. If the defendant is taken on such
writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be
carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876,
§4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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14-3-32
Section 14-3-32 Federal prisoners. The Board of Corrections must receive into the penitentiary
all convicts sentenced to imprisonment therein by any court of the United States held in this
state, and must safely keep and employ them according to the rules and regulations of the
institution until the expiration of the term for which they are sentenced or until they are
otherwise discharged by law; and it must account to the Department of Finance for all moneys
received for the support of such prisoners. (Code 1852, §327; Code 1867, §3875; Code 1876,
§4573; Code 1886, §4623; Code 1896, §4470; Code 1907, §6522; Code 1923, §3618; Code 1940,
T. 45, §35.)...
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12-19-311
Section 12-19-311 Bail bond fees. (a)(1) In addition to all other charges, costs, taxes, or
fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph
b. shall be imposed on every bail bond in all courts of this state. The fee shall not be assessed
in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter
5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant
to this section shall only be assessed on one charge. For the purposes of this section, the
term same incident shall be defined as the same date, location, and proximate time. Where
the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed
more than three times annually per person charged. The fees shall be assessed as follows:
a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed. b. For a
misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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