36-15-1
Section 36-15-1 Duties generally. The Attorney General shall keep his or her office at the
capital city and perform the following duties: (1)a. He or she shall give his or her opinion
in writing, or otherwise, on any question of law connected with the interests of the state
or with the duties of any of the departments, when required by the Governor, Secretary of
State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries,
Director of Finance, Comptroller, State Health Officer, Public Service Commissioners, Commissioner
of Conservation and Natural Resources, or the Commissioner of the Department of Revenue or
any other officer or department of the state when it is made, by law, his or her duty so to
do, and he or she shall also give his or her opinion to the Chairman of the Judiciary Committee
of either house, when required, upon any matter under the consideration of the committee.
b. The Attorney General shall give his or her opinion, in writing...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
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15-21-33
Section 15-21-33 Taxation and collection of fees and costs of witnesses. (a) In habeas corpus
proceedings, witnesses may prove their attendance before the judge as in other cases and have
the same taxed in the bill of costs, on the subsequent conviction of the party, where he is
detained on a criminal charge. (b) In other cases, the court or judge may impose the costs,
or any portion thereof, on either party; and, when the writ is returnable before a judge of
the circuit court, the costs must be taxed by the clerk of such circuit court and collected
by execution. (Code 1852, §§744, 745; Code 1867, §§4295, 4296; Code 1876, §§4971, 4972;
Code 1886, §§4794, 4795; Code 1896, §§4847, 4848; Code 1907, §§7042, 7043; Code 1923,
§§4341, 4342; Code 1940, T. 15, §§37, 38.)...
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15-12-23
Section 15-12-23 Appointment and compensation of counsel - Post-conviction proceedings. (a)
In proceedings filed in the district or circuit court involving the life and liberty of those
charged with or convicted of serious criminal offenses including proceedings for habeas corpus
or other post-conviction remedies, the trial or presiding judge or chief justice of the court
in which the proceedings may be commenced or pending may appoint counsel through an indigent
defense system approved by the office to represent and assist indigent defendants if it appears
to the court that the indigent defendant is unable financially or otherwise to obtain the
assistance of counsel and desires the assistance of counsel and it further appears that counsel
is necessary in the opinion of the judge to assert or protect the right of the indigent defendant.
(b) In proceedings filed in the district or circuit court involving the life and liberty of
those persons charged or adjudicated for juvenile offenses...
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15-21-19
Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity.
When the party on whose behalf a writ of habeas corpus is sued out is not produced on account
of sickness or infirmity, the court or judge before whom the writ is returnable may proceed
to decide on the return as if the party had been produced if satisfied of such sickness or
infirmity, may proceed to the place where he is imprisoned or detained and there make the
examination or may adjourn the examination to another time. (Code 1852, §726; Code 1867,
§4277; Code 1876, §4953; Code 1886, §4777; Code 1896, §4830; Code 1907, §7025; Code 1923,
§4324; Code 1940, T. 15, §20.)...
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15-21-25
Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment
irregular. In habeas corpus proceedings, if it appears that the party has been legally committed
for any public offense or that he is guilty of such an offense, although his commitment was
irregular, he may be remanded to the custody or restraint from which he was taken if the person
under whose custody or restraint he was is legally entitled thereto; but, if not so entitled,
he must be committed to the custody or restraint of the proper officer or person. (Code 1852,
§736; Code 1867, §4287; Code 1876, §4963; Code 1886, §4786; Code 1896, §4839; Code 1907,
§7034; Code 1923, §4333; Code 1940, T. 15, §29.)...
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15-21-31
Section 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of
writ. Any person who has in his custody or under his control a person who is entitled to a
writ of habeas corpus and, either before or after the issue of such writ with intent to elude
the service or effect thereof, transfers such person to the custody of another, places him
under the control of another, conceals him or changes his place of confinement forfeits to
the party aggrieved the sum of $500.00 and is also guilty of a misdemeanor and, on conviction
thereof, shall be fined not less than $50.00 and may also be imprisoned in the county jail
not more than 12 months. (Code 1852, §742; Code 1867, §4293; Code 1876, §4969; Code 1886,
§4792; Code 1896, §4845; Code 1907, §7040; Code 1923, §4339; Code 1940, T. 15, §35.)...

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15-21-21
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas
corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be
discharged; but, if it appears that he is held or detained in custody by virtue of process
issued by a court or judge of the United States in a case of which such court or judge has
exclusive jurisdiction or by virtue of any legal engagement or enlistment in the army or navy
of the United States or, being subject to the rules and articles of war is confined by anyone
legally acting by authority thereof, or is in custody for any public offense committed in
any other state or territory for which, by the Constitution and laws of the United States,
he should be delivered up to the authority of such state or territory or that he is otherwise
legally detained, he must be remanded. (Code 1852, §730; Code 1867, §4281; Code 1876, §4957;
Code 1886, §4781; Code 1896, §4834; Code 1907, §7029; Code 1923,...
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15-21-32
Section 15-21-32 Proceedings against defaulting witnesses. If any witness duly subpoenaed under
the provisions of this chapter fails to attend as required, the judge before whom the writ
of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver
it to the clerk of the circuit court of the county in which the examination is had; and the
same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement
being presumptive evidence of such default. (Code 1852, §743; Code 1867, §4294; Code 1876,
§4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940,
T. 15, §36.)...
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