15-21-2
Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter
into undertaking to keep the peace. Any person confined in jail for failing to enter into
an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this
chapter; but such writ can be heard only by a judge of the circuit court, who may discharge
the applicant, remand him to jail or reduce the amount of the undertaking as may seem right.
If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon
the entering into the undertaking in the sum fixed by such judge. (Code 1896, §4813; Code
1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)...
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15-21-13
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal
charge; bail without notice. If it appears from the petition for a writ of habeas corpus or
from the documents thereunto annexed that the party is imprisoned and detained on any criminal
charge or accusation, the officer issuing the writ must endorse thereon an order requiring
the applicant, or someone else for him, to give notice to the district attorney of the circuit
or to the prosecutor or principal agent in procuring the arrest of the issue of the writ and
of the time and place at which it is returnable. If such notice is not given when the district
attorney or other person entitled to it is within 50 miles of the place of examination, the
party who is imprisoned must not be discharged. But, if the party is charged with an offense
which is bailable and he waives an examination into the facts, the judge may fix the amount
of bail, without notice to the district attorney or prosecutor, and in...
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15-21-17
Section 15-21-17 When return to be made; form and contents of return. (a) After due service
thereof, the person to whom a writ of habeas corpus is directed must make his return on the
day therein specified if practicable; and, if no day is specified therein and the place to
which the return is to be made is not more than 30 miles from the place where the party is
imprisoned or detained, the return must be made within two days after service, but if more
than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days
after service. (b) The return must be signed by the person making it and be verified by his
oath, unless he is a sworn public officer and makes the return in his official capacity, and
it must state, plainly and unequivocally whether or not he has the party in his custody or
power or under his restraint and, if so, by what authority and the cause thereof, setting
out the same fully, together with a copy of the writ, warrant or other written...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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15-21-9
Section 15-21-9 Form of writ. A writ of habeas corpus may be, in substance, as follows: The
State of Alabama,) ___ County.) To the sheriff of ___ County (or other person by whom the
party is imprisoned or restrained): You are hereby commanded to have the body of A. B. alleged
to be detained by you, by whatsoever name the said A. B. is called or charged, with the cause
of such detention, before C. D., judge of the circuit court (or other officer, as required
by Section 15-21-8), on _____ at _____ (specifying the time and place, or immediately after
the receipt of this writ, as the case may be), to do and receive what shall then and there
be considered concerning the said A. B. Dated this ____ day of _____, 20___. (Signed by the
officer, with his official title.) (Code 1852, §716; Code 1867, §4267; Code 1876, §4943;
Code 1886, §4767; Code 1896, §4820; Code 1907, §7015; Code 1923, §4313; Code 1940, T.
15, §9.)...
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11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At
the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
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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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45-35-232.20
Section 45-35-232.20 Work release for gainful employment conducive to rehabilitation. A person
who has been sentenced or committed to the county jail in Houston County, from a city court,
district court, circuit court, or other court with appropriate jurisdiction, under a criminal
sentence, including a person sentenced to a state prison or into the custody of the Department
of Corrections who has been deemed not to be a threat to the community and who has not been
transferred to a Department of Corrections' facility may be released at the discretion of
the sentencing court, either on its motion or upon the motion of the defendant, at the time
of sentence or at any time during the term of sentence, for the purpose of obtaining and working
at gainful employment or for other purposes as the court may deem conducive to rehabilitation,
for such time or intervals of time and under the terms and conditions as the court may order.
Any part of a day spent outside of jail under a release order...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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12-25-35
Section 12-25-35 Use of voluntary sentencing standards. (a) In felony cases, a probation officer,
the district attorney, or some other person appointed at the discretion of the sentencing
judge, and within the time frame set by the judge, shall, after notice to the offender or
his or her attorney, present a completed appropriate voluntary sentencing standards worksheet
to the sentencing judge for consideration. (b) The trial court shall review the sentencing
standards worksheet and consider the suitability of the applicable voluntary sentencing standards
established pursuant to this article. In imposing sentence, the court shall indicate on the
record that the worksheet and applicable sentencing standards have been reviewed and considered.
(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary
standards, and sentences outside the voluntary sentencing standards in accordance with existing
law, the court may provide a brief written reason for...
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