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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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15-21-34
Section 15-21-34 Summoning and compensation of guards to convey prisoner. (a) When the person
on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the
officer or person having charge of him may summon a sufficient guard to aid in conveying him
before the court or judge before whom the writ is returnable and conveying him back again
if he is not discharged. (b) In the case provided for in subsection (a) of this section, the
officer and guards are entitled to the same compensation as for removing any prisoner on a
change of venue, to be paid in the same manner. Such guards are under the control of the officer
summoning them, and any guard who refuses to obey or violates the lawful instructions of such
officer is guilty of a misdemeanor. (Code 1852, §§749, 750; Code 1867, §§4300, 4301; Code
1876, §§4976, 4977; Code 1886, §§4799, 4800; Code 1896, §§4852, 4853; Code 1907, §§7047,
7048; Code 1923, §§4346, 4347; Code 1940, T. 15, §§42, 43.)...
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15-9-38
Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty
for violation of section. (a) No person arrested upon a warrant of arrest issued under this
division shall be delivered over to the agent whom the executive authority demanding him shall
have appointed to receive him unless he has been informed of the demand made for his surrender,
the crime with which he is charged and that he has the right to demand legal counsel. (b)
If the prisoner, his friends or counsel shall state that he or they desire to test the legality
of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit
court in this state, who shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the public prosecuting officer of the county
in which the arrest is made and in which the accused is in...
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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition
of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf
a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege
any other facts which may be material in the case. (b) In a summary way, the court or judge
may examine into the cause of the imprisonment or detention, may hear the evidence adduced
and may adjourn the examination from time to time as the circumstances of the case may require
and, in the meantime, remand the party or commit him to the custody of the sheriff of the
county or place him under such other custody as his age or other circumstances may require,
or, if the character of the charge authorizes it, take bail from him in a sufficient amount
for his appearance from day to day until judgment is given. (c) If the party fails to appear,
as required by his undertaking, an entry of forfeiture must be endorsed...
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15-21-1
Section 15-21-1 Persons entitled to prosecute writ - Generally. Any person who is imprisoned
or restrained of his liberty in the State of Alabama on any criminal charge or accusation
or under any other pretense whatever, except persons committed or detained by virtue of process
issued by a court of the United States or by a judge thereof in cases of which such courts
have exclusive jurisdiction under the laws of the United States or have acquired exclusive
jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas
corpus according to the provisions of this chapter to inquire into the cause of such imprisonment
or restraint. (Code 1852, §709; Code 1867, §4260; Code 1876, §4936; Code 1886, §4761;
Code 1896, §4812; Code 1907, §7007; Code 1923, §4305; Code 1940, T. 15, §1.)...
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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to take into
custody alleged mentally ill persons; detention; admission; hearing. (a) When a law enforcement
officer is confronted by circumstances and has reasonable cause for believing that a person
within the county is mentally ill and also believes that the person is likely to be of immediate
danger to self or others, the law enforcement officer shall contact a community mental health
officer. The community mental health officer shall join the law enforcement officer at the
scene and location of the person to assess conditions and determine if the person needs the
attention, specialized care, and services of a designated mental health facility. If the community
mental health officer determines from the conditions, symptoms, and behavior that the person
appears to be mentally ill and poses an immediate danger to self or others, the law enforcement
officer shall take the person into custody and,...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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